Young v. Augusta Collection Agency, Inc.

Filing 8

ORDER DIRECTING the Clerk to DISMISS CASE without prejudice and to terminate all pending motions. The Clerk is directed to serve the U.S. Marshall and Plaintiff with a copy of this Order. Signed by Judge J. Randal Hall on 06/17/2011. (thb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
SHERYL YOUNG,
Plaintiff,
V.

CV 111-046

AUGUSTA COLLECTION AGENCY,
INC.,
Defendant.

ORDER

Plaintiff is proceeding pro se and informa pauperis ("IFP") in the above-captioned
case. On May 16, 2011, the Magistrate Judge screened her complaint pursuant to the IFP
statute and issued an Order allowing Plaintiff to proceed with a single claim under the Fair
Credit Reporting Act, 15 U.S.C. § 1681 et seq. (doc. no. 4)1 as well as a Report and
Recommendation ("R&R") in which he recommended dismissing the remainder of her
claims for failure to state a claim upon which relief may be granted. (Doc. no. 5.) In lieu of
filing objections to the R&R, Plaintiff has filed a motion to voluntarily dismiss her case in

'The Court ordered the United States Marshal to effect service of process on
Defendant. (Doc. no. 4, p. 4.) However, there is no indication in the record that service has
been accomplished. The CLERK is DIRECTED to serve the United States Marshall with
a copy of this Order so that any ongoing efforts to effect service may be discontinued. The
CLERK is also DIRECTED to serve Defendant with a copy of this Order at the address
provided in Plaintiff's complaint. (Doc. no. 1, p. 1.)

its entirety. (Doc. no. 7.) As Defendant has not filed an answer or any other responsive
pleading in this case, according to Fed. R. Civ. P. 41(a)(1)(i), Plaintiff may dismiss her case
without an Order from the Court. Therefore, the Clerk is DIRECTED to DISMISS this
civil action without prejudice and to terminate all pending motions.
SO ORDERED this 17day of June, 2011, at Augusta, Georgia.

J. RANIDAL HALL
I:LTNIIED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA