Finley et al v. The Town of Camp Hill, Alabama (CONSENT)
OPINION AND ORDER GRANTING plf's 28 MOTION to Dismiss; all claims brought by plf Greathouse be and are hereby DISMISSED with prejudice, and plf Greathouse be and is hereby DISMISSED as a party to this litigation. Signed by Honorable Judge Charles S. Coody on 10/15/15. (Attachments: # 1 civil appeals checklist)(djy, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
ROOSEVELT FINLEY, et al,
THE TOWN OF CAMP HILL, ALA.,
CIVIL ACT. NO. 3:15cv195-CSC
OPINION and ORDER
Now pending before the court is plaintiff Morris Greathouse’s motion to dismiss
pursuant to FED.R.CIV .P. 41(a)(2) filed on September 29, 2015. (Doc. # 28). Because the
defendant has filed an answer and an amended answer, the plaintiff’s motion for voluntary
dismissal is no longer available to the plaintiff as of right, and is governed by the provisions
of FED.R.CIV.P. 41(a)(2). “The basic purpose of Rule 41(a)(2) is to freely permit the
plaintiff, with court approval, to voluntarily dismiss an action so long as no other party will
be prejudiced.” LeCompte v. Mr. Chip, Inc., 528 F.2d 601 (5th Cir. 1976). After being given
an opportunity, the defendant has not objected to the plaintiff’s motion to dismiss.
Accordingly, upon consideration of the motion and for good cause, it is
ORDERED that the plaintiff’s motion to dismiss (doc. # 28) be and is hereby
GRANTED, all claims brought by plaintiff Greathouse be and are hereby DISMISSED with
prejudice, and plaintiff Greathouse be and is hereby DISMISSED as a party to this litigation.
Done this 15th day of October, 2015.
/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE
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