Brown v. King et al

Filing 58

AMENDED ORDER. IT IS HEREBY ORDERED that Plaintiff's Motion for Voluntary Dismissal of Actions 52 is GRANTED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). Defendants are hereby dismissed from this case. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Chief Judge Michael J. Davis on 2/24/14. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

JERRELL MICHAEL BROWN,
Plaintiff,

v.

AMENDED ORDER
Civil File No. 13-cv-1058 (MJD/JSM)

JOHN KING, KENT GRANDLIENARD,
DAVID REISHUS, TAMMY WHERLEY,
RICARDO LOPEZ, and VINCENT KRENTZ,
Defendant.
Jerrell Michael Brown, pro se.
Scott A. Grosskreutz, Minnesota Attorney General’s Office, Counsel for
Defendants.
Plaintiff filed a Motion for Voluntary Dismissal of Actions [Docket No. 52]
with the Court on January 31, 2014. While Plaintiff’s motion refers to Federal
Rule of Civil Procedure 41, generally, Plaintiff’s motion is construed as a request
for dismissal pursuant to Federal Rule of Civil Procedure 41(a)(2), which
provides that “an action may be dismissed at the plaintiff’s request only by court

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order, on terms that the court considers proper.” 1 Considering Plaintiff’s
argument that he is “unable to properly litigate this civil action at this time due
to civil law ignorance[,] inadequate funds . . . [and] criminal appeals time line
demands,” the Court concludes that it has proper grounds to dismiss this action
pursuant to Federal Rule of Civil Procedure 41(a)(2). There are no counterclaims
or objections in this matter that would require further consideration under Rule
41(a)(2).
Accordingly, based on all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that Plaintiff’s Motion for Voluntary Dismissal
of Actions [Docket No. 52] is GRANTED WITHOUT PREJUDICE
pursuant to Federal Rule of Civil Procedure 41(a)(2). Defendants are
hereby dismissed from this case.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: February 24, 2014

s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court

Rule 41(a)(1) of the Federal Rules of Civil Procedure does not apply here. That rule provides that a
plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing
party serves either an answer or a motion for summary judgment. Defendants, however, have already
filed an Answer in this matter.
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