Caballero v. Boney et al

Filing 33

ORDER re 31 Response to Order to Show Cause. Plaintiffs Letter, (Doc. No. 31), is construed as a Motion for Voluntary Dismissal Without Prejudice, and is GRANTED as to Defendants Burke, Mack, McIntosh, Heh, and Boney. FNU Heh (Officer), FNU Mack (Officer), FNU McIntosh (Officer), Phillip Boney and FNU Burke (Officer) terminated. Signed by Chief Judge Frank D. Whitney on 2/11/19. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-151-FDW
ALFONZO CABALLERO,

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)
Plaintiff,
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vs.
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PHILLIP BONEY, et al.,
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Defendants.
)
__________________________________________)

ORDER

THIS MATTER is before the Court on pro se Plaintiff’s letter, (Doc. No. 29), that is
construed as a Motion for Voluntary Dismissal Without Prejudice.
The parties have been provided the opportunity to object to the Court’s characterization of
the Letter as a Motion for Voluntary Dismissal Without Prejudice as to Defendants Burke, Mack,
McIntosh, Heh, and Boney. (Doc. No. 30). Plaintiff filed a Letter confirming his intent to dismiss
the case against Defendants Burke, Mack, McIntosh, Heh, and Boney. (Doc. No. 31). Defense
counsel has not objected and the deadline to do so has expired. No legal prejudice to Defendants
is apparent. See Gross v. Spies, 133 F.3d 914 (4th Cir. 1998) (as a general rule, a plaintiff’s motion
for voluntary dismissal without prejudice under Rule 41(a)(2) should not be denied absent plain
legal prejudice to the defendant). Plaintiff’s Letter is therefore construed as a Motion for Voluntary
Dismissal Without Prejudice as to Defendants Burke, Mack, McIntosh, Heh, and Boney, and is
granted.
IT IS THEREFORE ORDERED that:
1.

Plaintiff’s Letter, (Doc. No. 31), is construed as a Motion for Voluntary Dismissal
Without Prejudice, and is GRANTED as to Defendants Burke, Mack, McIntosh,
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Heh, and Boney.
2.

The Clerk of Court is instructed to terminate this action as to Defendants Burke,
Mack, McIntosh, Heh, and Boney.

Signed: February 11, 2019

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