Lee v. King et al
ORDER DISMISSING CASE under Federal Rule of Civil Procedure 41(A)(1) Signed by District Judge George Caram Steeh. (MBea)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 2:16-cv-13914
Hon. George Caram Steeh
CORRECTIONS OFFICER KING,
ORDER DISMISSING ACTION UNDER
FEDERAL RULE OF CIVIL PROCEDURE 41(A)(1)
This is a pro se civil rights action filed under 42 U.S.C. § 1983. The
complaint was filed without payment of the filing fee or an application to
proceed in forma pauperis. The Court ordered Plaintiff to correct the filing
deficiency. Plaintiff filed a letter response indicating that he did not file the
complaint, and he does not know who did.
Federal Rule of Civil Procedure 41(a)(1) provides that “the plaintiff
may dismiss an action without a court order by filing; (i) a notice of
dismissal before the opposing party serves either an answer or a motion for
summary judgment; or (ii) a stipulation of dismissal signed by all parties
who have appeared.” FED. R. CIV. P. 41(a)(1)(A)(i), (ii). Because Plaintiff
indicates that he never initiated this case, the Court will grant Plaintiff’s
request to dismiss the action.
Accordingly, the Court orders that the complaint is voluntarily
dismissed without prejudice pursuant to Federal Rule of Civil Procedure
IT IS SO ORDERED.
Dated: January 25, 2017
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
January 25, 2017, by electronic and/or ordinary mail and also
on Gregory Lee #791018, Bellamy Creek Correctional Facility,
1727 West Bluewater Highway, Ionia, MI 48846.
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