Terry v. Richie et al (INMATE 2)

Filing 5

ORDER AND FINAL JUDGMENT: Plaintiff, a state inmate, filed this 42 U.S.C. § 1983 complaint on April 25, 2016. Prior to service of the complaint, Plaintiff filed a motion wherein he requests dismissal of this case. The court construes the motion as a Notice of 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 this case is DISMISSED without prejudice pursuant to Plaintiffs Notice of Dismissal. Doc. #4. No costs are taxed. The Clerk of Cour t is DIRECTED to furnish the account clerk at the Easterling Correctional Facility with a copy of this order. The Clerk of 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. This case is closed. Signed by Honorable Judge W. Harold Albritton, III on 5/13/2016. (Attachments: # 1 Civil Appeals Checklist)(kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

DRAPER SCOTT TERRY, #254 844,
Plaintiff,
v.
WARDEN RICHIE, et al.
Defendants.

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CIVIL ACTION NO. 2:16-CV-291-WHA
[WO]

ORDER AND FINAL JUDGMENT
Plaintiff, a state inmate, filed this 42 U.S.C. § 1983 complaint on April 25, 2016. Prior to
service of the complaint, Plaintiff filed a motion wherein he requests dismissal of this case. The
court construes the motion as a Notice of 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 this case is
DISMISSED without prejudice pursuant to Plaintiff’s Notice of Dismissal. Doc. #4.
No costs are taxed.
The Clerk of Court is DIRECTED to furnish the account clerk at the Easterling
Correctional Facility with a copy of this order.
The Clerk of 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.
This case is closed.

DONE, this 13th day of May 2016.

/s/ W. Harold Albritton
SENIOR UNITED STATES DISTRICT JUDGE