Williams v. Mobley et al

Filing 10

ORDER reflecting the Court has reviewed 7 REPORT AND RECOMMENDATIONS from Magistrate Judge Henry L. Jones, Jr., recommending that the complaint of Walter Williams be dismissed for failure to state a claim. Williams has not objected. He has, howev er, filed a motion to dismiss his action stating he wishes to withdraw the claim. The Court hereby grants 9 Plaintiff's MOTION to Dismiss this action pursuant to Rule 41(a)(1)(A). This action is dismissed without prejudice. Signed by Chief Judge J. Leon Holmes on 12/22/09. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION WALTER WILLIAMS v. MS. MOBLEY, et al. ORDE R The Court has received proposed findings and recommendations from United States Magistrate Judge Henry L. Jones, Jr., recommending that the complaint of Walter Williams be dismissed for failure to state a claim. Williams has not objected. He has, however, filed a motion to dismiss his action in which he says he wishes to withdraw the claim. Rule 41(a)(1)(A) provides that a plaintiff may 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. Here, no defendant has been served and no defendant has appeared to respond to the complaint. Therefore, Williams is entitled to dismiss this action pursuant to Rule 41(a)(1)(A). This action is dismissed without prejudice. IT IS SO ORDERED this 22nd day of December, 2009. Case No. 3:09CV00201JLH/HLJ DEFENDANTS PLAINTIFF

J. LEON HOLMES UNITED STATES DISTRICT JUDGE