Heath v. Dr. Kohut et al

Filing 35

ORDER. Mr. Heath's November 29, 2016 letter to the Clerk of Court as construed as a motion for voluntary dismissal is granted and this matter is dismissed without prejudice. Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 1/4/2017. Mailed to Heath. (TAG)

FILED
JAN 0 4 2017
Clerk, U.S District Court
District Of Montana
Missoula

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
GEORGE HEATH,

CV 14-00042-H-DLC-JTJ

Plaintiff,
vs.

ORDER

DOCTOR KOHUT, P.A. MARK
HENDERSON, and INFIRMARY
DIRECTOR CATHY REDFERN,
Defendants.
Plaintiff George Heath, a prisoner proceeding without counsel, sent a letter
to the Clerk of Court dated November 29, 2016 requesting a voluntary dismissal
without prejudice. (Doc. 34.) The letter has been construed as a motion for
voluntary dismissal brought pursuant to Rule 41(a)(2) of the Federal Rules of
Civil Procedure.
As this matter has been served upon Defendants and Defendants have filed a
motion for summary judgment, this case may only be dismissed by court order, on
terms that the court considers proper. Fed. R. Civ. P. 41(a). Defendants did not
oppose Mr. Heath's motion. Therefore, the motion to dismiss will be granted.

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Based upon the foregoing, the Court issues the following:

ORDER
1. Mr. Heath's November 29, 2016 letter to the Clerk of Court as construed
as a motion for voluntary dismissal is granted and this matter is dismissed without
prejudice.
2. The Clerk of Court is directed to terminate all pending motions and enter
judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
3. The Clerk of Court is directed to have the docket reflect that the Court
certifies pursuant to Rule 24(a)(3)(A) of the Federal Rules of Appellate Procedure
that any appeal of this decision would not be taken in good faith.
DATED this

+'1i, day of Jan

a , 2017.

Dana L. Christensen, Chief Judge
United States District Court

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