Clegg v. Bradford (INMATE 2)

Filing 5

ORDER: The Magistrate Judge ordered that the 3 Motion to Dismiss filed by Plaintiff in this case be treated as a Notice of Dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i), allowing a plaintiff to file a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment in order to voluntarily dismiss an action without a court order. The court adopts the 4 Recommendation of the Magistrate Judge,and it isORDERED this case is DISMISSED without prejudice, pursuant to notice under Federal Rule of Civil Procedure Rule 41(a)(1)(A)(i). Signed by Honorable Judge W. Harold Albritton, III on 3/7/2016. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JEFFREY S. CLEGG, SR., #276 457, ) ) ) ) ) CIVIL ACTION NO. 2:16-CV-44-WHA ) ) ) ) Plaintiff, v. DR. BRADFORD, Defendant. ORDER The Magistrate Judge ordered that the Motion to Dismiss (Doc. # 3) filed by Plaintiff in this case be treated as a Notice of Dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i), allowing a plaintiff to file “a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment” in order to voluntarily dismiss an action without a court order. The court adopts the Recommendation of the Magistrate Judge (Doc. # 4), and it is ORDERED this case is DISMISSED without prejudice, pursuant to notice under Federal Rule of Civil Procedure Rule 41(a)(1)(A)(i). Done, this 7th day of March, 2016. /s/ W. Harold Albritton SENIOR UNITED STATES DISTRICT JUDGE

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