Tew v. Teamworks USA et al

Filing 30

MEMORANDUM OPINION signed by Judge John G. Heyburn, II on 5/20/2011. The Court considers 29 Plaintiff's letter to be sufficient notice of his desire to voluntarily dismiss the instant action and, therefore, will dismiss the action by separate Order. cc: Plaintiff, pro se; Counsel (AEP)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
BRYAN KEITH TEW

PLAINTIFF

v.

CIVIL ACTION NO. 3:11CV-89-H

TEAMWORKS USA INC. et al.

DEFENDANTS

MEMORANDUM OPINION
Plaintiff filed a pro se letter advising that he wishes this action to be dismissed (DN 29).
He advises that when he is medically capable of prosecuting the case he “will pick it back up at a
later date.”
Under Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure, a plaintiff may dismiss an
action without court order by filing “a notice of dismissal before the opposing party serves either
an answer or a motion for summary judgment.” No Defendant has filed an answer or a motion for
summary judgment. While Defendants have filed motions to dismiss, the filing of such a motion
does not affect a plaintiff’s right of voluntary dismissal. See Aamot v. Kassel, 1 F.3d 441, 445 (6th
Cir. 1993) (finding that a Fed. R. Civ. P. 12(b)(6) motion to dismiss does not defeat a voluntary
dismissal).
Upon consideration, the Court considers Plaintiff’s letter to be sufficient notice of his
desire to voluntarily dismiss the instant action and, therefore, will dismiss the action by separate
Order. The Court, nonetheless, advises the unrepresented Plaintiff that because he voluntarily
dismissed the action, the instant action will not be reopened at a later date when he decides to
“pick it back up.” Rather, he must file a new action.
Date:

May 20, 2011

cc:
4412.005

Plaintiff, pro se
Counsel of record