Baker v. Dunn (INMATE 3)

Filing 9

JUDGMENT: the court construes the 7 Motion to Dismiss as a notice of voluntary dismissal pursuant to FRCP 41(a)(1)(A)(i); it is ORDERED, ADJUDGED, AND DECREED that this cause is dismissed without prejudice and with no costs taxed; further ORDERED t hat the 3 recommendation of the US Magistrate Judge is withdrawn and petitioner's 4 objection is overruled as moot; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 12/12/2016. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ALBERT BAKER, JR.,

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Plaintiff,
v.
JEFFERSON S. DUNN,
Commissioner of the
Alabama Department of
Corrections,
Defendant.

CIVIL ACTION NO.
2:15cv514-MHT
(WO)

JUDGMENT
Upon

consideration

of

petitioner’s

motion

to

dismiss (doc. no. 7), which the court construes as a
notice of voluntary dismissal pursuant to Federal Rule
of

Civil

ADJUDGED,

Procedure
AND

41(a)(1)(A)(i),

DECREED

that

this

it

cause

is
is

ORDERED,
dismissed

without prejudice and with no costs taxed.
It is further ORDERED that the recommendation of
the

United

States

Magistrate

Judge

(doc.

no.

3)

is

withdrawn and petitioner’s objection (doc. no. 4) is
overruled as moot.

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

Civil

Procedure.
This case is closed.
DONE, this the 12th day of December, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE