Simmons v. Owen et al

Filing 7

ORDER granting 6 Motion to Dismiss/ This case is dismissed without prejudice and stands closed. Signed by Magistrate Judge Brian K. Epps on 1/22/15. (cmr)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA DUBLIN DIVISION SHELLY SIMMONS, Plaintiff, v. BRIAN OWENS, et al., Defendants. ) ) ) ) ) ) ) ) ) _________ CV 314-139 ORDER _________ Plaintiff, an inmate incarcerated at Johnson State Prison in Wrightsville, Georgia, commenced the above-styled civil action pursuant to 42 U.S.C. ยง 1983.. (Doc. no. 1.) He is proceeding pro se and was granted permission to proceed in forma pauperis. (Doc. no. 3.) Plaintiff now requests to voluntarily dismiss this case. (Doc. no. 6.) As no defendant has filed an answer or a motion for summary judgment in this case, Plaintiff may dismiss his case without an Order from the Court. Fed. R. Civ. P. 41(a)(1)(i). Therefore, the Court DIRECTS the Clerk to DISMISS this civil action without prejudice and to terminate all pending motions. SO ORDERED this 22nd day of January, 2015, at Augusta, Georgia.

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