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)

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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

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