MARTS v. JETER

Filing 4

ORDER OF DISMISSAL: Plaintiff's 3 NOTICE of Voluntary Dismissal, construed as a Motion to Dismiss is GRANTED and this cause is DISMISSED WITHOUT PREJUDICE. Signed by MAGISTRATE JUDGE GARY R JONES on 3/7/2011. (jws)

-GRJ MARTS v. JETER

Doc. 4

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION SIDNEY MARTS, Plaintiff, v. P BELLELIS, et al, Defendants. _____________________________/ ORDER OF DISMISSAL Plaintiff has filed a Notice of Voluntary Dismissal without prejudice pursuant to Fed. R. Civ. P. 41. (Doc. 3). The Court finds that Plaintiff's Notice, construed as a motion for voluntary dismissal, is due to be GRANTED. If Plaintiff did not voluntarily dismiss this cause, the complaint would have been subject to dismissal because Plaintiff has been identified as an abusive filer and a "three-striker" under 28 U.S.C. § 1915(g), and he did not acknowledge this prior history on his complaint or submit the filing fee when he initiated this lawsuit. See Marts v. Chance, Case No. 3:08cv537MCR-MD. (Doc. 51). Accordingly, it is ORDERED: That Plaintiff's Notice of Voluntary Dismissal (Doc. 3), construed as a motion to dismiss pursuant to Fed. R. Civ. P. 41 is GRANTED and this cause is DISMISSED WITHOUT PREJUDICE. DONE AND ORDERED this 7th day of March, 2011. CASE NO. 5:11-cv-00015-SPM -GRJ

s/Gary R. Jones
GARY R. JONES United States Magistrate Judge
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