Brazill v. Peterson et al

Filing 55

OPINION AND ORDER. Plaintiff's Notice (Doc. 54) construed as a motion pursuant to Fed. R. Civ. P. 41(a)(2) is granted and the Clerk shall enter judgment dismissing this case without prejudice, terminate any pending motions and deadlines, and close this case. Signed by Judge Sheri Polster Chappell on 4/5/2019. (drn)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
NATHANIEL R. BRAZILL,
Plaintiff,
v.

Case No: 2:17-cv-394-FtM-38UAM

ALLEN DEAN PETERSON and
JASON KING,
Defendants.
/
OPINION AND ORDER1
Before the Court is Plaintiff’s Notice of Voluntary Dismissal Without Prejudice (Doc.
54) filed April 3, 2019. Plaintiff, who has pending a civil rights action, seeks to voluntarily
dismiss this action without prejudice. Id.
Prior to an answer or motion for summary judgment by the opposing party or upon
stipulation, a party may voluntarily dismiss an action without a court order. Fed. R. Civ.
P. 41(a)(1)(A). Otherwise, an action may be dismissed upon the plaintiff’s request by
court order. Fed. R. Civ. P. 41(a)(2). Because Defendant Peterson has filed an Answer
(Doc. 36), the Court construes the Notice as a motion brought pursuant to Fed. R. Civ. P.

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41(a)(2). Plaintiff advises the Court that he has conferred with counsel for Defendants
and Defendants have no objection to the voluntary dismissal. Doc. 54 at 1.
Accordingly, it is now
ORDERED:
Plaintiff’s Notice (Doc. 54) construed as a motion pursuant to Fed. R. Civ. P.
41(a)(2) is GRANTED and the Clerk shall enter judgment dismissing this case without
prejudice, terminate any pending motions and deadlines, and close this case.
DONE and ORDERED in Fort Myers, Florida this 5th day of April 2019.

SA: FTMP-1
Copies: All Parties of Record

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