White v. Crawford et al

Filing 7

OPINION and ORDER Granting 5 Motion to Volunarily Dismiss Case - Signed by District Judge Nancy G. Edmunds. (LBar)

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Case 2:22-cv-12457-NGE-EAS ECF No. 7, PageID.31 Filed 11/17/22 Page 1 of 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DARIOUS DANYEL WHITE, Plaintiff, CASE NO. 2:22-CV-12457 HONORABLE NANCY G EDMUNDS UNITED STATES DISTRICT JUDGE v. ALAN A. CRAWFORD, et. al., Defendants, _________________________________/ OPINION AND ORDER GRANTING THE MOTION FOR VOLUNTARY DISMISSAL Darious Danyel White, (“plaintiff”), presently confined at the Clare County Jail in Harrison, Michigan, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff sent a letter to this Court, asking to dismiss the case, which is treated as a motion for voluntary dismissal. (ECF No. 5). For the reasons stated below, the motion is granted and the complaint is DISMISSED WITHOUT PREJUDICE. Fed.R.Civ.P. 41(a) provides that a plaintiff may dismiss an action without order of court by filing a notice of dismissal before service by the adverse party of an answer or motion for summary judgment. See also Doran v. McGinnis, 158 F.R.D. 383, 389 (E.D. Mich. 1994). Plaintiff is entitled to a voluntary dismissal of his civil rights complaint, in light of the fact that the defendant has not filed an answer to the complaint or motions to dismiss or for summary judgment. Id. Based upon the foregoing, the motion for voluntary dismissal is GRANTED and the complaint is DISMISSED WITHOUT PREJUDICE. Dated: November 17, 2022 s/ Nancy G. Edmunds HON. NANCY G. EDMUNDS UNITED STATES DISTRICT JUDGE 1

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