Barnett v. The GOP (MAG+)
Filing
8
MEMORANDUM OPINION AND ORDER: Accordingly, the court construes Plaintiff's response to the Magistrate Judges order (Doc. # 7 ) as containing a motion to dismiss pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.2Further, it is O RDERED that Plaintiff's motion to dismiss (Doc. # 7 ) isGRANTED, and that all of Plaintiff's claims against Defendant The GOP, alsoknown as The Grand Old Party, also known as The Party of Lincoln, also known asThe National Republican Party, are DISMISSED without prejudice, with eachparty to bear his or its own costs. Signed by Chief Judge William Keith Watkins on 11/21/2016. (kh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
KENNETH WAYNE BARNETT,
Plaintiff,
v.
The GOP,
also known as
The Grand Old Party,
also known as
The Party of Lincoln,
also known as
The National Republican Party,
Defendant.
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)
)
)
)
)
) CASE NO. 2:16-CV-638-WKW
) (WO)
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MEMORANDUM OPINION AND ORDER
Before the court is Plaintiff’s October 7, 2016 response (Doc. # 7) to the
Magistrate Judge’s September 26, 2016 Order.1 In the response, Plaintiff gave
notice that if, on or before October 21, 2016, the court did not declare null and void
the Republican Party’s nomination of Donald Trump as candidate for President of
the United States, Plaintiff wished to dismiss this lawsuit. (Doc. # 7.) Defendant
was served, but did not answer or otherwise appear. Plaintiff did not seek default
judgment or move for a temporary restraining order pursuant to Federal Rule of
1
Plaintiff filed the document in response to the Magistrate Judge’s September 26, 2016
Order requiring Plaintiff to “indicate if he intends to follow up on service on the defendant or
whether he wishes to voluntarily dismiss this lawsuit pursuant to Fed. R. Civ. P 41(a)(1).” (Doc.
# 6 at 2.)
Civil Procedure 65(b). Because the case was not in a procedural posture to allow
for a ruling, no ruling was issued as to Plaintiff’s requested relief.
Accordingly, the court construes Plaintiff’s response to the Magistrate
Judge’s order (Doc. # 7) as containing a motion to dismiss pursuant to Rule
41(a)(2) of the Federal Rules of Civil Procedure.2
Further, it is ORDERED that Plaintiff’s motion to dismiss (Doc. # 7) is
GRANTED, and that all of Plaintiff’s claims against Defendant The GOP, also
known as The Grand Old Party, also known as The Party of Lincoln, also known as
The National Republican Party, are DISMISSED without prejudice, with each
party to bear his or its own costs.
DONE this 21st day of November, 2016.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE
2
Under Rule 41(a)(1)(i) of the Federal Rules of Civil Procedure, “dismissal is effective
immediately upon the filing of a written notice of dismissal, and no subsequent court order is
required.” Matthews v. Gaither, 902 F.2d 877, 880 (11th Cir. 1990). Because Plaintiff’s request
for dismissal was contingent on future events and clearly was not intended to immediately
terminate the case, the request for dismissal is not construed as a notice of dismissal pursuant to
Rule 41(a)(1)(i).
2
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