Kovtuschenko v. Ronelle More et al

Filing 8

ORDER granting 6 Plaintiff Nickolas Kovtuschenko's Motion to Dismiss 6 . Defendants Charlotte County, Charlotte County Code Enforcement are DISMISSED from this case. Plaintiff must file a written notice with the Court on or before June 30, 2017, advising whether he dismisses this case against the other named defendants, or if he intends to proceed with this case against them. Signed by Judge Sheri Polster Chappell on 6/19/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
NICKOLAS KOVTUSCHENKO,
Plaintiff,
v.

Case No: 2:17-cv-304-FtM-38MRM

CHARLOTTE COUNTY CODE
ENFORCEMENT, RONELLE MORE,
GLEN SIEGLE, KEN DOHERTY,
CHRISTOPHERN CONSTANCE,
BILL TRUEX, STEPHEN R.
DEUTSCH, JOE TISEO, ALL
COMERS and CHARLOTTE
COUNTY,
Defendants.
/
ORDER1
This matter comes before the Court on Plaintiff Nickolas Kovtuschenko’s Motion
to Dismiss filed on June 15, 2017. (Doc. 6). Plaintiff, who is appearing pro se, seeks to
dismiss his suit against Defendants Charlotte County, Charlotte County Code
Enforcement, and all comers. Federal Rule of Civil Procedure 41 allows a plaintiff to
dismiss an action without court order by filing a notice of dismissal before the opposing
party serves an answer or a motion of summary judgment. See Fed. R. Civ. P. 41(a)(i).

1

Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or
websites. These hyperlinks are provided only for users’ convenience. Users are
cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By
allowing hyperlinks to other websites, this Court does not endorse, recommend, approve,
or guarantee any third parties or the services or products they provide on their websites.
Likewise, the Court has no agreements with any of these third parties or their websites.
The Court accepts no responsibility for the availability or functionality of any hyperlink.
Thus, the fact that a hyperlink ceases to work or directs the user to some other site does
not affect the opinion of the Court.

Alternatively, an action may be dismissed at the plaintiff’s request by court order. See
Fed. R. Civ. P. 41(a)(2). Under either procedure, the Court finds good cause to dismiss
Plaintiff’s case as against Defendants Charlotte County, Charlotte County Code
Enforcement, and all comers without prejudice. It is unclear, however, whether Plaintiff
intends to proceed with this action against the other named defendants.
Accordingly, it is now
ORDERED:
(1) Plaintiff Nickolas Kovtuschenko’s Motion to Dismiss (Doc. 6) is GRANTED.
Defendants Charlotte County, Charlotte County Code Enforcement are
DISMISSED from this case.
(2) Plaintiff must file a written notice with the Court on or before June 30, 2017,
advising whether he dismisses this case against the other named defendants,
or if he intends to proceed with this case against them.
DONE and ORDERED in Fort Myers, Florida this 17th day of June, 2017.

Copies: All Parties of Record

2