HARDEN v. DOES
ORDER GRANTING 9 Motion to Dismiss Complaint. Case dismissed without prejudice. Ordered by Judge Marc Thomas Treadwell on 8/3/2012. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
GEORGE E. HARDEN,
JOHN AND OR JANE DOES,
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
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