Thomas v. Smith (INMATE 2)

Filing 8

JUDGMENT directing that plaintiff's motion for voluntary dismissal (doc. no. 6 ) is granted and this case is dismissed without prejudice; the clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge Myron H. Thompson on 12/5/14. (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
KENDALL THOMAS, #132267,
Plaintiff,
v.
CHAPLAIN STEVE SMITH,
Defendant.

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CIVIL ACTION NO.
2:14cv1094-MHT
(WO)

JUDGMENT
Plaintiff,
alleging

a

state

violations

of

inmate,
his

filed

First

a

and

complaint
Fourteenth

Amendment rights to practice and facilitate the growth
of his religion.

Prior to service of the complaint,

plaintiff filed a document in which he seeks dismissal
of this case.
notice

of

The court construes this document as a

dismissal

pursuant

to

Fed.

R.

Civ.

P.

41(a)(1)(A)(i), which permits voluntary dismissal by a
plaintiff "before the opposing party serves either an
answer

or

a

motion

for

summary

judgment[.]"

Under

Fed. R. Civ. P. 41(a)(1)(B), such dismissal is “without
prejudice.”

Accordingly, it is the ORDER, JUDGMENT, and DECREE
of

the

court

that

plaintiff’s

motion

for

voluntary

dismissal (doc. no. 6) is granted and this case is
dismissed without prejudice.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Procedure.
This case is closed.
DONE, this the 5th day of December, 2014.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE

Civil