Conley v. Darbouze et al (INMATE 1)(CONSENT)

Filing 24

MEMORANDUM OPINION AND ORDER: it is ORDERED and ADJUDGED that: 1) The plf's 23 Motion to Dismiss be GRANTED; 2) This case be DISMISSED without prejudice; 3) No costs be taxed herein. Signed by Honorable Judge Terry F. Moorer on 11/19/2013. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ROGER GLEN CONLEY, #207444, Plaintiff, v. DR. JEAN DARBOUZE, et al., Defendants. ) ) ) ) ) CIVIL ACTION NO. 2:13-CV-583-TFM ) [WO] ) ) ) ) MEMORANDUM OPINION AND ORDER I. INTRODUCTION This 42 U.S.C. § 1983 action is pending before the court on a complaint filed by Roger Glen Conley [“Conley”], an indigent state inmate, challenging the medical treatment provided to him for back pain and conditions present at the Easterling Correctional Facility. The defendants filed special report, supported by relevant evidentiary materials, in which they addressed the plaintiff’s claims for relief. On November 7, 2013, Conley filed a motion to dismiss (Doc. No. 23). Upon consideration of the plaintiff’s motion to dismiss, the court concludes that this motion is due to be granted. II. DISCUSSION Dismissal without prejudice at the insistence of the plaintiff pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure is committed to the sound discretion of this court and, absent some plain legal prejudice to the 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 the defendants, and/or 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). After thorough review of the pleadings filed by the parties, the court concludes that this case is due to be dismissed without prejudice on the motion of the plaintiff. III. CONCLUSION For the foregoing reasons, it is ORDERED and ADJUDGED that: 1. The plaintiff’s motion to dismiss be GRANTED. 2. This case be DISMISSED without prejudice. 3. No costs be taxed herein. Done this 19th day of November, 2013. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES MAGISTRATE JUDGE 2

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