Robinson v. Allen

Filing 6

ORDER re 5 Plaintiff's Notice of Voluntary Dismissal. The Court grants Plaintiff's Motion to dismiss this case without prejudice. Signed by Chief Judge J. Randal Hall on 06/07/2018. (jlh)

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

ROY ROBINSON,
Plaintiff,

CIVIL ACTION NO.: 6:17-cv-85

V.

MARTY ALLEN,
Defendant.

ORDER

Presently before the Court is Plaintiffs Notice of Voluntary Dismissal. (Doc. 5.)^
Pursuant to Federal Rule of Civil Procedure 41(a)(l)(A)(i), the Court GRANTS Plaintiffs
Motion and DISMISSES this case WITHOUT PREJUDICE. The Court DIRECTS the Clerk

of Court to enter an appropriate judgment of dismissal and to CLOSE this case,

so ORDERED,this 'T^av of June,2018.

J. RANDAL HALL,CHIEF JUDGE
UNITED STTATES DISTRICT COURT
■RN DISTRICT OF GEORGIA

' Plaintiff actually submitted a letter requesting the Court to "drop this claim" due to his release from
Georgia State Prison. (Doc. 5, p. 1.) Accordingly, the Court shall recast Plaintiffs letter as a Notice of
Voluntary Dismissal. (See Doc. 4, p. 3.) "Federal courts sometimes will ignore the legal label that a pro
se litigant attaches to a motion and recharacterize the motion in order to place it within a different legal
category." Retic v. United States. 215 F. App'x 962, 964 (11th Cir. 2007) (quoting Castro v. United
States. 540 U.S. 375, 381 (2003)). Federal courts "may do so in order to avoid an unnecessary dismissal,

to avoid inappropriately stringent application of formal labeling requirements, or to create a better
correspondence between the substance of a pro se motion's claim and its underlying legal basis." Id.
(quoting Castro. 540 U.S. at 381-82).