Navarro v. Woods (INMATE 3)

Filing 5

ORDER construing plf's 4 response as a notice of voluntary dismissal under Rule 41(a)(1) of the Federal Rules of Civil Procedure; Based upon Plf's 4 notice of voluntary dismissal, Plf's action against Defendant has been dismissed without prejudice by operation of Rule 41(a)(1); directing the clerk to close this case. Signed by Chief Judge William Keith Watkins on 3/28/18. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JOEING NAVARRO, # 44611-069,
Plaintiff,
v.
WALTER WOODS,
Defendant.

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CASE NO. 2:18-CV-260-WKW
[WO]

ORDER
On March 27, 2018, Plaintiff submitted a document to the court in which he
states he does not wish to pursue this Bivens civil rights action. (Doc. # 4.) 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).
Defendant has not served a responsive pleading or a motion for summary judgment.
Based upon Plaintiff’s notice of voluntary dismissal (Doc. # 4), Plaintiff’s action
against Defendant has been dismissed without prejudice by operation of Rule
41(a)(1).

The Clerk of the Court is DIRECTED to close this case.
DONE this 28th day of March, 2018.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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