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

Filing 61

MEMORANDUM OPINION AND ORDER that: 1. Plaintiff's 60 Motion to Dismiss is GRANTED. 2. This case is DISMISSED without prejudice. 3. No costs are taxed herein. Signed by Honorable Judge Terry F. Moorer on 2/13/2013. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
NEDOLANDEZ SANTOS, #140 896,
Plaintiff,
v.
DR. DARBOUZE, et al.,
Defendants.

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CIVIL ACTION NO.: 2:12-CV-718-TFM
[WO]

MEMORANDUM OPINION AND ORDER
Before the court is Plaintiff’s 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 (11th 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 (5th 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. 60) is GRANTED.
2. This case is DISMISSED without prejudice.
3. No costs are taxed herein.
Done, this 13th day of February 2013.

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

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