BRAGG v. PETRILLO et al

Filing 19

MEMORANDUM AND ORDER granting 18 Motion to Dismiss for Lack of Prosecution ***CIVIL CASE TERMINATED. Signed by Judge Freda L. Wolfson on 9/5/2017. (km)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
BRIAN KEITH BRAGG,

Civil Action No. 16-8751 (FLW)

Plaintiff,
v.

MEMORANDUM AND ORDER

JENNIFER PETRILLO, et al.,
Defendants.

This matter has been opened to the Court by Plaintiff’s filing of a “Motion to Close Case”
(ECF No. 18), which was docketed on August 31, 2017. It appearing that:
1. The Court previously proceeded Plaintiff’s § 1983 claim against Defendant Jennifer
Petrillo premised on violations of Plaintiff’s Fourteenth Amendment right to medical privacy.
(See ECF No. 15.) It appears that Defendant Petrillo has not been served. 1
2. Plaintiff subsequently submitted the instant motion to close this case. (ECF No. 18.)
Plaintiff states the following: “The Plaintiff does not believe his claims against Dr. Jennifer
Petrillo have a basis for deliberate indifference claim because of medical disagreements with
medical decisions and care provided. Plaintiff wish to close this case.” (ECF No. 18, at 3.)
3. The Court construes Plaintiff’s submission as a motion for voluntary dismissal pursuant
to Fed. R. Civ. P. 41(a), and will grant the motion and dismiss the action without prejudice at this
time. 2
IT IS, THEREFORE, on this 5th day of September, 2017,

1

The only other Defendants in the case at this time are unserved John Doe Defendants.

2

If Plaintiff wishes to reopen this matter, he must submit a signed writing to the Court within 30
day of the date of this Memorandum and Order.
1

ORDERED that the Plaintiff’s request to dismiss this action is GRANTED; the matter is
dismissed WITHOUT PREJUDICE; and it is further
ORDERED that the Clerk of the Court shall CLOSE this case; and it is further
ORDERED that the Clerk of the Court shall send Plaintiff copies of this Memorandum
and Order via regular mail.

/s/ Freda L. Wolfson
Freda L. Wolfson
United States District Judge

2