GHOLSTON v. POWELL et al

Filing 64

ORDER for Response to Motion re: 63 MOTION to Dismiss Complaint re 1 Complaint : filed by DEANTE GHOLSTON. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 3/25/2022. (tam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DEANTE GHOLSTON,
Plaintiff,
v.
WILLIAM POWELL, et al.,
Defendants.

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Case No. 5:17-cv-00479-MTT-CHW
Proceedings Under 42 U.S.C. § 1983
Before the U.S. Magistrate Judge

ORDER
Plaintiff Deante Gholston has filed a motion to dismiss the above-styled case (Doc. 63), in
which he states, “I am dropping this case, if the defendants do not seek any [costs] in this case,
please.” (Id.) Defendants have not filed a response. The case cannot be voluntarily dismissed
without a court order because Defendants have answered and filed motions for summary judgment
and because the parties have not filed a stipulation of dismissal. Fed. R. Civ. P. 41(a)(1).
Therefore, the Court may dismiss this action “only by court order, on terms that the Court considers
proper.” Fed. R. Civ. P. 41(a)(2).
Defendants are hereby DIRECTED to file a response to Plaintiff’s motion (Doc. 63) by
April 15, 2022, addressing whether they object to the dismissal or are seeking any costs as
contemplated by Plaintiff’s motion.
SO ORDERED, this 25th day of March, 2022.
s/ Charles H. Weigle_________
Charles H. Weigle
United States Magistrate Judge

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