Moles v. Woodle et al
RECOMMENDED DISPOSITION recommending that 32 Moles's Motion to Voluntarily Dismiss be granted, and that this case be dismissed, with prejudice. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge J. Thomas Ray on 11/29/2017. (kdr)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WALTER CURTIS MOLES,
DEE WOODLE, Deputy,
White County Sheriff's Department, et al.
The following Recommended Disposition (ARecommendation@) has been sent
to United States District Judge Kristine Baker.
Any party may file written
objections to this Recommendation. Objections must be specific and include the
factual or legal basis for disagreeing with the Recommendation. An objection to a
factual finding must specifically identify the finding of fact believed to be wrong
and describe the evidence that supports that belief.
An original and one copy of the objections must be received by the Clerk of
this Court within fourteen (14) days of this Recommendation. If no objections are
filed, Judge Baker can adopt this Recommendation without independently reviewing
all of the evidence in the record. By not objecting, you may also waive any right to
appeal questions of fact.
Plaintiff, Walter Curtis Moles ("Moles"), has filed this pro se ' 1983 action
alleging that Defendants violated his constitutional rights while he was a prisoner in
the White County Detention Center. Docs. 7 & 11.
Moles has recently filed a Motion to Voluntarily Dismiss this case "with
prejudice." Doc. 32 at 1. Defendants have filed a Response stating that they have
no objection to Moles's request. Doc. 33.
The Court advises Moles that a dismissal "with prejudice" means that he will
be forever barred from pursuing any of the claims asserted in this action. In
contrast, if Moles voluntarily dismisses his claims "without prejudice," he may be
able to, sometime in the future, reassert his claims in a new lawsuit. If Moles would
rather voluntarily dismiss this case, without prejudice, he must clearly state so in a
timely filed Objection to this Recommended Disposition.
IT IS THEREFORE RECOMMENDED THAT Moles's Motion to
Voluntarily Dismiss (Doc. 32) be GRANTED, and that this case be DISMISSED,
Dated this 29th day of November, 2017.
UNITED STATES MAGISTRATE JUDGE
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