DEL RIO v. DESOUSA

Filing 12

ORDER OF DISMISSAL - ADOPTING 10 Report and Recommendation,. Signed by JUDGE MARK E WALKER on 12/12/13. (Clerk to enter judgment) (deb)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
NORBERTO DEL RIO,
Plaintiff,
v.

CASE NO. 4:13-cv-548-MW/CAS

NEIL DESOUSA, U.S. Marshall;
PAMELA JO BONDI, Attorney
General; KATHERINE FERNANDEZ
RUNDLE, Statewide Prosecutor; and
MICHAEL D. CREWS, Secretary,
Department of Corrections,
Defendants.
__________________________/
ORDER OF DISMISSAL
This

Court

has

considered,

without

hearing,

the

Report

and

Recommendation of the Magistrate, ECF No. 10, filed November 22, 2013, along
with the Plaintiff’s “request” to dismiss the complaint, ECF No. 11, filed
December 5, 2013.

Subsequent to the filing of the Magistrate’s Report and

Recommendation, the Plaintiff filed his motion to dismiss the complaint. Under
Federal Rule of Civil Procedure 41(a)(1)(i), if an adverse party has not filed an
answer or motion for summary judgment, a plaintiff is entitled to dismiss an action
without order of court. A plaintiff properly effects such a dismissal by filing a
“notice of dismissal.” Fed. R. Civ. P. 41(a)(1)(i).

Although Plaintiff has
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designated his filing as a “request” to dismiss, this Court notes that no answer or
motion for summary judgment has been filed by the Defendants and Plaintiff is
entitled to dismiss his action as a matter of right.

This Court construes the

“request” to dismiss as a “notice” of dismissal within the meaning of Rule 41.
For these reasons, it is
ORDERED that the Clerk shall enter judgment stating, “This action is
dismissed without prejudice pursuant to Federal Rule of Civil Procedure
41(a)(1)(i).” The Clerk shall close the file.
SO ORDERED on December 12, 2013.
s/Mark E. Walker
United States District Judge

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