WILLIAMS v. GEORGIA DEPARTMENT OF CORRECTIONS et al

Filing 7

ORDER GRANTING 6 Motion to Dismiss Complaint. Ordered by Judge Marc Thomas Treadwell on 9/10/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
GRADY R. WILLIAMS, JR.,

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Plaintiff,
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VS.
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GEORGIA DEPARTMENT
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OF CORRECTIONS, et al.,
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Defendants.
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NO. 5:13-CV-274 (MTT)

ORDER
Plaintiff Grady R. Williams, a state prisoner currently confined in Macon State
Prison in Oglethorpe, Georgia, filed a pro se civil rights complaint pursuant to 42 U.S.C.
§ 1983. He now moves for voluntary dismissal of this action because he inadvertently
mailed in his complaint after confusing it with another claim he has filed in this Court.
(Doc. 6).
Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, a plaintiff
may voluntarily dismiss his action “before the opposing party serves either an answer or a
motion for summary judgment[.]” The Defendants have not yet served an answer or a
motion for summary judgment. Accordingly, Petitioner's motion to dismiss is GRANTED
and the above-captioned action is DISMISSED WITHOUT PREJUDICE.
SO ORDERED, this 10th day of September, 2013.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT