Baldwin v. Bryson et al

Filing 12

ORDER denying without prejudice 10 Motion to Voluntarily Dismiss. Signed by Judge J. Randal Hall on 1/9/17. (cmr)

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

DEBRA RENEE WENNDT BALDWIN,
Legal Guardian and Conservator
of NICHOLAS CARL BALDWIN, and
Incapacitated Adult,

*

*

*
*

*

Plaintiff,

CV

616-166

*

v,

*

HOMER BRYSON,

*

Commissioner of

the Georgia Department of
Corrections, JAMES F. DEGROOT,
PH.D., Statewide Mental Health
and Mental Retardation Program
Supervisor for the Georgia
Department of Corrections,
MARTY ALLEN, Warden, Georgia
State Prison, MILTON SMITH,
Deputy Warden of Care and
Treatment at Georgia State
Prison,

*

*
*

*

and JUANTIA RENO,

Director of Mental

*

Health at

Georgia State Prison,
*

Defendants.

ORDER

Presently

before

the

Court

is

Plaintiff's

Voluntary

Dismissal Without Prejudice Pursuant to Federal Rule of Civil
Procedure 41(a)(1).

(Doc. 10.)

The Court must deny Plaintiff's

attempt to voluntarily dismiss because it does not comply with
Rule 41(a) of the Federal Rules of Civil Procedure.

Rule

41(a)

provides

two paths

by which a plaintiff may

voluntarily dismiss an action: with a court order (41(a)(1)) or

without

a

dismiss

the

"(i)

notice

a

either

court

an

order

(41(a)(2)).

action without

of

answer

stipulation

of

appeared.''

Fed.

a court

dismissal
or

a

Civ.

a

order,

the

for

summary

signed
P.

plaintiff
she must

before

motion

dismissal
R.

If

by

opposing

wishes
file

either

party

serves

judgment;

all

or

parties

41 (a) (1) (emphasis

(ii)

who

added).

request

41(a)(2),

a

court

order

using

Rule

41(a)(2).

Under

a

have
If

plaintiff wishes to voluntarily dismiss an action otherwise,

must

to

a

she

Rule

a court may dismiss an action "on terms that the court

considers proper."

Plaintiff may not voluntarily dismiss
to 41(a)(1)

this

action pursuant

because Defendants have already answered Plaintiff's

complaint and Plaintiff has not filed a stipulation of dismissal
signed by all parties.
because

by

filing

Neither may she dismiss under 41(a)(2),

pursuant

to

41(a)(1)

she

has

not

put

Defendants on proper notice that she is requesting dismissal via
court

order.

attempt

to

See

Fed.

voluntarily

R.

Civ.

dismiss

P.

7(B)(1).

(doc.

10)

Thus,

is

Plaintiff's

DENIED

WITHOUT

^f^

day of

PREJUDICE for failure to comply with Rule 41 (a).

ORDER ENTERED
January,

at Augusta,

Georgia,

this

2017.

HONO^BLEyJ. RANDAL HALL
UNITED/STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA