Outman v. Johnson et al
Filing
24
DECISION AND ORDER: ORDERED that in accordance with plaintiff's notice (Dkt. No. 22 ) to voluntarily dismiss this action, the Clerk of the Court shall close this case and reflect that the action is voluntarily dismissed without prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. Signed by Chief Judge Glenn T. Suddaby on 12/10/15. (served on plaintiff by regular mail)(alh, )
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
ALAN M. OUTMAN,
a/k/a Sara Outman,
a/k/a Alan Outman,
Plaintiff,
v.
9:15-CV-0609
(GTS/DJS)
VONDA JOHNSON, et al.,
Defendants.
APPEARANCES:
OF COUNSEL:
ALAN M. OUTMAN
12-B-3915
Plaintiff, pro se
CNY PC
PO Box 300
Marcy, NY 13403
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
Attorney for Defendants
State of New York
The Capitol
Albany, NY 12224
RYAN W. HICKEY, ESQ.
Ass't Attorney General
GLENN T. SUDDABY
Chief United States District Judge
DECISION and ORDER
Plaintiff Alan M. Outman commenced this action by filing a pro se complaint for relief
pursuant to 42 U.S.C. ยง 1983 together with an application to proceed in forma pauperis. Dkt.
No. 1 ("Compl."); Dkt. No. 2 ("IFP Application"). Plaintiff subsequently filed an amended
complaint, which is the operative pleading. Dkt. No. 9 ("Am. Compl."). Presently before the
Court is plaintiff's motion seeking to voluntarily dismiss this action without prejudice pursuant
to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure ("Rule 41(a)"). Dkt. No. 22.
Rule 41(a) provides in relevant part 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." Fed. R. Civ. P. 41(a)(1)(A)(i). Since defendants
have not answered or moved for summary judgment, plaintiff is entitled to voluntary dismissal
of this action without prejudice, without further order of the court, upon the filing of such a
notice.
In light of the foregoing, upon the filing of plaintiff's notice requesting to withdraw his
complaint, this action was dismissed, without prejudice, and an order of the court was not
required in order to implement that dismissal.
WHEREFORE, it is hereby
ORDERED that in accordance with plaintiff's notice (Dkt. No. 22) to voluntarily dismiss
this action, the Clerk of the Court shall close this case and reflect that the action is voluntarily
dismissed without prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil
Procedure; and it is further
ORDERED that the Clerk serve a copy of this Decision and Order on the parties.
IT IS SO ORDERED.
Dated:
December 10, 2015
Syracuse, NY
________________________________
Hon. Glenn T. Suddaby
Chief U.S. District Judge
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