CURRY v. DUDEK et al

Filing 14

ORDER. Plaintiff's notice of voluntary dismissal, ECF No. 13 , is accepted. This cause shall be considered closed upon entry of this Order. Signed by SENIOR JUDGE WILLIAM STAFFORD on 2/8/2017. (kjw)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

BOBBY LEWIS CURRY, JR.,
Plaintiff,
vs.

Case No. 4:16cv686-WS/CAS

ELIZABETH DUDEK,
and TONYA WILSON,
Defendants.
_________________________/

ORDER
Plaintiff, an inmate proceeding pro se, has filed a “notice of voluntary
dismissal.” ECF No. 13. Rule 41(a)(1)(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 his answer, or files a motion for
summary judgment. Since no Defendant has yet been served, Plaintiff is
automatically entitled to take a voluntary dismissal at this time and his
notice is effective without an order. See Fed. R. Civ. P. 41(a)(1)(A)(i);
Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012).

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This Order confirms that the case has been dismissed. The Clerk must
close the file.
Accordingly, it is
ORDERED:
1. Plaintiff's notice of voluntary dismissal, ECF No. 13, is accepted.
2. This cause shall be considered closed upon entry of this Order.
DONE AND ORDERED on February 8, 2017.

S/ Charles A. Stampelos
CHARLES A. STAMPELOS
UNITED STATES MAGISTRATE JUDGE

Case No. 4:16cv686-WS/CAS