Woods v. Cook et al

Filing 59

ORDER granting Mr. Woods' request for voluntary dismissal, but under the condition that if he chooses to refile this action, he must do so in this Court; dismissing this action without prejudice; and denying as moot all pending motions. Signed by Judge Kristine G. Baker on 8/31/2017. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DEMETRIUS LEKI WOODS
ADC #108514
v.

PLAINTIFF

Case No. 5:17-cv-00023-KGB/JJV

PAMELA F. COOK,
Correctional Sergeant; et al.

DEFENDANTS
ORDER

Before the court is plaintiff Demetrius Leki Woods’ request to dismiss voluntarily this
action (Dkt. No. 58). Mr. Woods filed his request after defendants moved to dismiss this action,
and United States Magistrate Judge Joe J. Volpe submitted Proposed Findings and
Recommendations pertaining to defendants’ motion (Dkt. Nos. 45; 57). Judge Volpe recommends
that the Court grant defendants’ motion to dismiss and dismiss Mr. Woods’ action without
prejudice (Dkt. No. 57, at 7).
Under the present circumstances, this action “may be dismissed at the plaintiff's request
only by court order, on terms that the court considers proper.” Fed. R. Civ. P. 41(a)(2). The Court
grants Mr. Woods’ request for voluntary dismissal, but under the condition that if he chooses to
refile this action, he must do so in this Court.
This action is dismissed without prejudice. All pending motions are denied as moot.
So ordered this the 31st day of August, 2017.
________________________________
Kristine G. Baker
United States District Court