Wimberly Jr. v. Broom et al

Filing 7

ORDER DISMISSING CASE without prejudice and this case is closed. Signed by Judge J. Randal Hall on 9/4/15. (cmr)

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

LEONARD WIMBERLY, JR.,
Plaintiff,

CIVIL ACTION NO.: 6:15-cv-41

v.

DEAN BROOM; GAIL FERRAR; and
MARTHA MIDDLETON,
Defendants.

ORDER

This matter comes before the Court on Plaintiffs Letter Motion of July 22, 2015.

(Doc. 6.) Therein, Plaintiff explains that he has not taken any action to pursue this case because

he no longer intends to prosecute this action. Plaintiffasserts that at the time of filing this case,
he filed another action in this Court, Case No. 6:15-cv-23, and that both cases assert the same

claims. Therefore, he intends to prosecute Case No. 6:15-cv-23, and moves to dismiss this
action.

This case having not yet been served, Defendants have not objected to Plaintiffs request
for dismissal or otherwise filed any counterclaim that might impede Plaintiffs ability to dismiss

this action voluntarily. See Fed. R. Civ. P. 41(a)(2). Accordingly, Plaintiffs Motion is hereby
GRANTED, and his claims against all Defendants are DISMISSED without prejudice.

The Clerk of Court is DIRECTED to terminate all pending motions and CLOSE this
case.

SO ORDERED, this jfzzSiay of September, 2015.

HONORABJ/J&^rRANDAK HALL
UNITED SPATES DISTRICT JUDGE
DISTRICT OF GEORGIA