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)
Page 1 of 2
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).
Page 2 of 2
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?