Santos v. Gould et al (INMATE 2)(CONSENT)

Filing 23

MEMORANDUM: 1. Plaintiff's Motion to Dismiss 21 is GRANTED. 2. This case is DISMISSED without prejudice. 3. No costs are taxed herein. Signed by Honorable Judge Terry F. Moorer on 1/13/2012. (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
NEDOLANDEZ SANTOS, #104 896
Plaintiff,
v.
MR. GOULD, et al.,
Defendants.

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) CIVIL ACTION NO.: 2:11-CV-1033-TFM
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[WO]
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MEMORANDUM
Before the court is Plaintiff’s pleading captioned Motion to Dismiss Claim Without
Prejudice. Upon review of this pleading, the court concludes that Plaintiff requests voluntary
dismissal of this action without prejudice pursuant to Rule 41(a), Federal Rules of Civil
Procedure. Upon consideration of Plaintiff's motion to dismiss, the court concludes that the
motion is due to be granted. Furthermore, the court concludes that this case shall be
dismissed without prejudice. See Rule 41(a)(2), Federal Rules of Civil Procedure.
Dismissal without prejudice pursuant to Rule 41(a)(2) at the insistence of Plaintiff is
committed to the sound discretion of this court, and absent some plain legal prejudice to
Defendants, denial of the dismissal constitutes an abuse of this court's discretion. McCants
v. Ford Motor Company, Inc., 781 F.2d 855 (11 th Cir. 1986). Simple litigation costs,
inconvenience to Defendants, and the prospect of a second or subsequent lawsuit do not
constitute clear legal prejudice. Id. See also Durham v. Florida East Coast Railway
Company, 385 F.2d 366 (5 th Cir. 1967).

The court has carefully reviewed the file in this case and determined that even if
Defendants were given an opportunity to file a response to Plaintiff's motion to dismiss, they
would not be able to demonstrate the existence of clear legal prejudice. Consequently, the
court concludes that this case shall be dismissed without prejudice on the motion of Plaintiff.
In light of the foregoing, it is ORDERED that:
1. Plaintiff's Motion to Dismiss (Doc. No. 21) is GRANTED.
2. This case is DISMISSED without prejudice.
3. No costs are taxed herein.
Done, this 13 th day of January 2012.

/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES MAGISTRATE JUDGE