MARTS v. BELL

Filing 10

REPORT AND RECOMMENDATION re 9 MOTION to Dismiss filed by SIDNEY MARTS: It is recommended - That Plaintiff's notice of voluntary dismissal be GRANTED and this case be DISMISSED without prejudice. Interna l deadline for referral to district judge if objections are not filed earlier: 11/17/2008. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on October 20, 2008.(cc: Marts) (cbj) Modified on 10/20/2008 (Document was mailed to plaintiff at Century CI, 400 Tedder Rd, Century, FL 32535, as reflected at doc. 9 ) (cbj).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION SIDNEY MARTS, Plaintiff, vs. FRANK BELL, et al., Defendants. _____________________________/ REPORT AND RECOMMENDATION This matter is before the court on Plaintiff's motion for voluntary dismissal of the instant civil rights case, filed pursuant to 42 U.S.C. § 1983, without prejudice (Doc. 9). Rule 41(a)(1)(A)(i) provides that an action may be dismissed without an order of the court by filing a notice of dismissal at any time before the adverse party serves an answer or files a motion for summary judgment. Because Defendants have not yet been served in the instant case, it is clear that Plaintiff is automatically entitled to a voluntary dismissal at this time. Accordingly, it is respectfully RECOMMENDED: That Plaintiff's notice of voluntary dismissal (Doc. 9) be GRANTED and this case be DISMISSED without prejudice. At Pensacola, Florida, this 20th day of October 2008. /s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE Case No.: 3:08cv354/RV/EMT

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NOTICE TO THE PARTIES Objections to these proposed findings and recommendations may be filed within ten (10) days after being served a copy thereof. Any different deadline that may appear on the electronic docket is for the court's internal use only. A copy of objections shall be served upon the magistrate judge and all other parties. Failure to object may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d 698, 701 (11th Cir. 1988).

Case No.: 3:08cv354/RV/EMT