Maley v. Corizon Health, Inc. et al

Filing 35

ORDER dismissing without prejudice Defendant Gonzalez re 16 Notice (Other) filed by Belinda Lee Maley. Signed by Judge William T. Moore, Jr on 8/31/16. (wwp)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

BELINDA LEE MALEY,
individually, and on behalf
of the Estate of Matthew
Clinton Loflin, deceased;
Plaintiff,

CASE NO. CV416-060

V.

CORIZON HEALTH, INC., a
Delaware Corporation;
CORIZON, LLC, a Missouri
Limited Liability Company;
CHATHAM COUNTY, a Georgia
County; ESTATE OF AL ST
LAWRENCE; JOHN WILCHER,
individually and in his
official as CCDC Jail
Administrator; SCOTT H.
KENNEDY, M.D.; ADAMAR
GONZALEZ, M.D.; and VIRGINIA
0' NEILL;

-

Defendants.
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ORDER

Before the Court is Plaintiff's Notice of Dismissal as
to Defendant Gonzales Without Prejudice. (Doc. 16.)
Pursuant to Federal Rule of Civil Procedure 41(a) (1) (A) (i),
a plaintiff may dismiss an action by filing 'a notice of
dismissal before the opposing party serves either an answer
or a motion for summary judgment."' Because Defendant Adamar

1

Fed. R. Civ. Pro 41(a) (1) (A) (i) allows a plaintiff to
dismiss an action against one defendant without dismissing

Gonzalez, M.D. has filed neither an answer nor a motion for
summary judgment in this case, Plaintiffs' request is
GRANTED
PREJUDICE.

and Defendant Gonzalez is
The Clerk of Court is

DISMISSED WITHOUT

DIRECTED

to amend the

caption accordingly.
,

SO ORDERED this .7"

day of August 2016.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

the entire action." Fratelli Cosulich Unipessoal, S.A. v.
Specialty Fuels Bunkering, LLC, 2014 WL 2611547, at *3
(S.D. Ala. June 11, 2014) (citing Klay
V.
United
Healthgroup, Inc., 376 F.3d 1092, 1106 (11th Cir. 2004)).
2