Miller v. Philbin et al

Filing 14

ORDER DISMISSING CASE without prejudice re Plaintiff's 13 MOTION to Voluntarily Dismiss Case. Signed by Magistrate Judge Brian K. Epps on 06/18/2018. (jlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION TRACY A. MILLER, Plaintiff, v. EDWARD PHILBIN, Warden, et al., Defendants. ) ) ) ) ) ) ) ) ) _________ CV 118-052 ORDER _________ Plaintiff, currently incarcerated at Augusta State Medical Prison in Grovetown, Georgia, commenced this case pursuant to 42 U.S.C. § 1983. The matter is now before the Court on Plaintiff’s motion to voluntarily dismiss his case. (Doc. no. 13.) As no Defendant has filed an answer or a motion for summary judgment, according to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiff may dismiss his case without an Order from the Court. Therefore, the Court DIRECTS the Clerk to DISMISS this civil action without prejudice and terminate all pending motions and deadlines. The Court DIRECTS the CLERK to serve a copy of this Order on Plaintiff’s custodian (warden) and Meghan Davidson, Department of Law, Georgia Attorney General’s Office. SO ORDERED this 18th day of June, 2018, at Augusta, Georgia.

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