Conley v. Darbouze et al (INMATE 1)(CONSENT)
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, )
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
ROGER GLEN CONLEY, #207444,
DR. JEAN DARBOUZE, et al.,
) CIVIL ACTION NO. 2:13-CV-583-TFM
MEMORANDUM OPINION AND ORDER
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.
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.
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
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