HARDEN v. DOES

Filing 10

ORDER GRANTING 9 Motion to Dismiss Complaint. Case dismissed without prejudice. Ordered by Judge Marc Thomas Treadwell on 8/3/2012. (tlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION GEORGE E. HARDEN, : : Plaintiff : : v. : : JOHN AND OR JANE DOES, : : Defendants. : _________________________________ CIVIL No.: 5:12-CV-255-MTT-MSH ORDER OF DISMISSAL Plaintiff GEORGE E. HARDEN has filed a civil rights complaint under 42 U.S.C. § 1983. He now moves, before service, for voluntary dismissal of this action. Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss his action without a court order by filing “a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.” Defendants have not yet been served in this case, and thus neither an answer nor a motion for summary judgment has been filed. Therefore, under the Federal Rules, Plaintiff is entitled to a voluntary dismissal without prejudice as a matter of right. His Motion (ECF Doc. No. 9) is accordingly GRANTED, and the above captioned action is deemed DISMISSED WITHOUT PREJUDICE. SO ORDERED, this 3rd day of August, 2012. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT jlr

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