Filing 5

ORDER DISMISSING without prejudice 1 Complaint. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 7/6/2015. (tlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION DAVID DWAYNE CASSADY, Plaintiff VS. STEVEN D. HALL, et al, Defendants __________________________________ : : : : : : : : : : NO. 5:15-CV-0255-MTT-MSH ORDER Plaintiff David Dwayne Cassady, an inmate currently confined at Johnson State Prison in Wrightsville, Georgia, filed a pro se civil rights complaint in this Court seeking relief under 42 U.S.C. § 1983. Shortly after filing his Complaint, however, Plaintiff mailed a letter to the Clerk of Court (Doc. 4) stating that he did not intend to send the Complaint to this Court and that this action is duplicative of one already pending here: Cassady v. Hall, 5:14-cv-25-MTT. The Court construes Plaintiff’s letter to be a notice of voluntary dismissal. Plaintiff is entitled to a voluntary dismissal without prejudice as a matter of right. See Fed. R. Civ. P. 41(a)(1)(A). The Complaint is therefore DISMISSED without prejudice. SO ORDERED, this 6th day of July, 2015 S/ Marc T. Treadwell MARC T. TREADWELL UNITED STATES DISTRICT COURT

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