Bowers v. State of Georgia et al

Filing 17

ORDER DISMISSING CASE. The #16 Motion to Dismiss is granted and Plaintiff's Complaint is dismissed without prejudice. The Clerk is directed to terminate the #14 Report and Recommendation as moot. This case is closed. Signed by Chief District Judge R. Stan Baker on 3/7/2025. (amd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
DALE STEVEN BOWERS,
Plaintiff,

CIVIL ACTION NO.: 4:25-cv-9

v.
STATE OF GEORGIA, et al.,
Defendant.
ORDER
The Magistrate Judge issued a Report and Recommendation that Plaintiff Dale Steven
Bowers’ 42 U.S.C. § 1983 Complaint be dismissed. (Doc. 14.) Plaintiff did not object, but,
instead, filed a Motion to voluntarily dismiss his case. (See doc. 16.) Although the Motion refers
to the standard applicable to motions to amend pleadings, under Federal Rule of Civil
Procedure 15, (see id., p. 1), it is more properly construed as a voluntary dismissal, under Federal
Rule of Civil Procedure 41(a)(1)(A)(i). So construed, the Motion is GRANTED, (doc. 16), and
Plaintiff’s Complaint is DISMISSED without prejudice. See Fed. R. Civ. P. 41(a)(1)(B). The
Clerk is DIRECTED to TERMINATE the Report and Recommendation as moot. (Doc. 14.)
The Clerk of Court is DIRECTED to CLOSE this case.
SO ORDERED, this 7th day of March, 2025.

R. STAN BAKER, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA