Hoffman #174943 v. Straub et al

Filing 15

JUDGMENT dismissing case without prejudice and denying as moot plaintiff's pending motions 7 & 8 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb) Modified text on 8/30/2010 (slk).

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Hoffman #174943 v. Straub et al Doc. 15 UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION JOSEPH PAUL HOFFMAN #174943, ) ) Plaintiff, ) ) v. ) ) DENNIS STRAUB, et al., ) ) Defendants. ) ____________________________________) Case No. 2:10-cv-74 HON. ROBERT HOLMES BELL JUDGMENT This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. 1983. On August 17, 2010, Plaintiff filed a motion to voluntarily dismiss this action. Pursuant to Fed. R. Civ. P. 41(a), the Plaintiff is entitled to dismissal of the case without leave of court at any time prior to service by the adverse party of an answer or other responsive pleading; or, once responsive pleadings have been filed, with leave of court upon such terms and conditions as the court deems proper. In this case, summons have not yet been issued to the named defendants. Therefore, dismissal of this action without prejudice is appropriate. Fed. R. Civ. P. 41(a)(1). Therefore: IT IS ORDERED that the captioned case be and hereby is DISMISSED without prejudice. IT IS FURTHER ORDERED that Plaintiff's pending motions (docket #7 and #8) are DENIED as moot. Dated: August 30, 2010 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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