Flowers v. Woods et al (INMATE 3)

Filing 15

ORDER: On 7/2/2018, Plaintiff submitted a document he styled as a Motion Requesting Case be Dismissed in which he indicates that he does not wish to pursue this civil rights action. (Doc. 14 .) The document is construed as Plaintiffs notice of vo luntary dismissal under FRCP 41(a)(1). Based upon Plaintiffs notice of voluntary dismissal (Doc. 14 ), this action against Defendants has been dismissed without prejudice by operation of Rule 41(a)(1). It is further ORDERED that the Magistrate Judges Recommendation of 6/20/2018 (Doc. 13 ), is VACATED as moot. The Clerk is DIRECTED to close this case. Signed by Honorable Judge W. Harold Albritton, III on 7/3/2018. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ALBERT FLOWERS, JR., Reg. No. 23229-017, )
)
Plaintiff,
)
)
v.
) Civil Action No. 2:18cv98-WHA
)
[WO]
WALTER WOODS, et al.,
)
)
Defendants.
)
ORDER
On July 2, 2018, Plaintiff submitted a document he styled as a “Motion Requesting
Case be Dismissed” in which he indicates that he does not wish to pursue this civil rights
action. (Doc. # 14.) The document is construed as Plaintiff’s notice of voluntary dismissal
under Rule 41(a)(1) of the Federal Rules of Civil Procedure.
Rule 41(a)(1)(A)(i) provides that a plaintiff may voluntarily dismiss an action
without a court order by filing “a notice of dismissal before the opposing party serves either
an answer or a motion for summary judgment.” Fed.R.Civ.P. 41(a)(1)(A)(i). Defendants
have not served a responsive pleading or a motion for summary judgment. Based upon
Plaintiff’s notice of voluntary dismissal (Doc. # 14), this action against Defendants has
been dismissed without prejudice by operation of Rule 41(a)(1).
It is further ORDERED that the Magistrate Judge’s Recommendation of June 20,
2018 (Doc. # 13), is VACATED as moot.
The Clerk is DIRECTED to close this case.

DONE this 3rd day of July, 2018.

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

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