Satcher v. Thomas et al
MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 7/10/2014. (JLC)
2014 Jul-10 PM 01:32
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WILLIE THOMAS, et al,
MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on June 20, 2014,
recommending that Defendants’ motion for summary judgment as to Plaintiff’s Eighth
Amendment sexual assault claim be granted and the action be dismissed with
prejudice. No objections to the report and recommendation were filed by the parties.
On July 2, 2014, Plaintiff filed a motion to dismiss this case, which this Court
construes as a motion for voluntary dismissal pursuant to Rule 41 of the Federal Rules
of Civil Procedure. Plaintiff does not declare whether he desires a dismissal with or
without prejudice. (Doc. 19). Defendants have filed a motion for summary judgment
and no “stipulation of dismissal signed by all parties who have appeared in this case
has been filed.” See Rule 41(a)(1)(A)(ii), Fed. R. Civ. P. Under these circumstances,
Plaintiff’s case cannot be dismissed on his motion without a court order. However,
Rule 41(a)(2), Fed. R. Civ. P. allows this Court to grant Plaintiff’s motion “on terms
the court deems proper.”
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the Court is of the opinion the
magistrate judge’s report is due to be and is hereby ADOPTED and his
recommendation is ACCEPTED. The Court EXPRESSLY FINDS Plaintiff’s motion
to dismiss and Defendants’ motion for summary judgment as to Plaintiff’s Eighth
Amendment excessive force claim are due to be GRANTED. Further, Plaintiff’s
claim is DISMISSED WITH PREJUDICE. A Final Judgment will be entered.
DONE this 10th day of July, 2014.
VIRGINIA EMERSON HOPKINS
United States District Judge
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