Keathley v. Murray et al

Filing 7

ORDER granting 6 plaintiff's voluntary Motion to Dismiss and dismissisng the case without prejudice. Signed by Judge Billy Roy Wilson on 3/30/11. (kpr)

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-HDY Keathley v. Murray et al Doc. 7 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JASON KEATHLEY v. RANDY MURRAY, et al. ORDER Pending is Plaintiff's Motion to Voluntarily Dismiss Case (Doc. No. 6). Plaintiff indicates that his complaint was inadvertently filed by a family member, and he does not want to pursue the matter at this time. Defendants have not answered Plaintiff's complaint.1 Thus under Federal Rule of Civil Procedure 41(a)(1)(A)(I) voluntary dismissal is not proper. Plaintiff's Motion to Voluntarily Dismiss Case is GRANTED. Accordingly, Plaintiff's case is DISMISSED without prejudice. IT IS SO ORDERED this 30th day of March, 2011. 4:11CV00242-BRW DEFENDANTS PLAINTIFF /s/Billy Roy Wilson UNITED STATES DISTRICT JUDGE Although Magistrate Judge H. David Young submitted a Partial Report and Recommendations (Doc. No. 4) recommending that the Van Buren County Detention Center be dismissed as a party with prejudice, because the jail is not a separate entity from the county, and is not subject to suit. See Owens v. Scott County Jail, 328 F.3d 1026, 1027 (8th Cir. 2003). 1 1

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