Mitchell v. Via Christi Hospitals Wichita Inc. et al

Filing 7

ORDER adopting in part Report and Recommendations 4 . Granting plaintiff to file action without payment of filing fee. Action be dismissed without prejudice pursuant to plaintiff's notice of voluntary dismissal. Signed by U.S. District Senior Judge Richard D. Rogers on 10/28/2013. Mailed to pro se party Fred Mitchell by certified mail; Certified Tracking Number: 7010 2780 0003 1927 0681 (mb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
FRED MITCHELL,
Plaintiff,
v.
DESERET HEALTH CARE FACILITY,
VIA CHRISTI HOSPITALS WICHITA,
INC., et al.,
Defendants.

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Case No. 13-1360-RDR

O R D E R
Plaintiff commenced this action on September 24, 2013 seeking
leave to proceed in forma pauperis.

United States Magistrate Judge

Gale filed a report and recommendation on September 30, 2013 which
recommended that plaintiff be granted in forma pauperis status and
that the case be dismissed for lack of jurisdiction.
2013,

plaintiff

prejudice.”

filed

a

“notice

of

voluntary

On October 15,

dismissal

without

No defendant has filed an answer or other response in

this matter.
Upon review, the court shall direct that plaintiff be permitted
to file this action without payment of the filing fee.

The court

shall further direct that the action be dismissed without prejudice
pursuant to plaintiff’s notice of voluntary dismissal and FED.R.CIV.P.
41(a)(1)(A).
IT IS SO ORDERED.
Dated this 28th day of October, 2013, at Topeka, Kansas.
s/Richard D. Rogers
United States District Judge