Jones v. Ellington et al (INMATE 2)

Filing 29

ORDER: Plaintiff, a state inmate, filed this 42 U.S.C. 1983 complaint on January 11, 2017. Prior to service of the complaint, Plaintiff filed a motion (Doc. # 25 ) wherein he requests dismissal of this case. The court construes the motion as a n otice 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 d ismissal is "without prejudice." Because the notice of dismissal comports with Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Andre Deon Jones's claims against Defendants Edward Ellington, T. Myrick, James Kelly, Brenda King, J. Wiggins, J. Morris, and Nurse Mitchell have been dismissed by operation of Rule 41(a)(1). The Clerk of the Court is DIRECTED to close this case. Signed by Chief Judge William Keith Watkins on 7/19/2017. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ANDRE DEON JONES, #240 139,
Plaintiff,
v.
EDWARD ELLINGTON, et al.,
Defendants.

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CASE NO. 2:17-CV-26-WKW
[WO]

ORDER
Plaintiff, a state inmate, filed this 42 U.S.C. § 1983 complaint on January 11,
2017. Prior to service of the complaint, Plaintiff filed a motion (Doc. # 25) 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.”
Because the notice of dismissal comports with Rule 41(a)(1)(A)(i) of the
Federal Rules of Civil Procedure, Plaintiff Andre Deon Jones’s claims against
Defendants Edward Ellington, T. Myrick, James Kelly, Brenda King, J. Wiggins, J.
Morris, and Nurse Mitchell have been dismissed by operation of Rule 41(a)(1).

The Clerk of the Court is DIRECTED to close this case.
DONE this 19th day of July, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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