Phelps v. John and Jane Does 1-99
Filing
19
ORDER - IT IS ORDERED THAT: 1. The Court ADOPTS Magistrate Judge Saporitos Report and Recommendation #18 ; 2. Plaintiffs motion #17 to dismiss without prejudice is CONSTRUED as a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i); 3. This action is DISMISSED WITHOUT PREJUDICE; and 4. The Clerk of Court is directed to CLOSE this case. Signed by Honorable Yvette Kane on 5/23/18. (rw)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ERIC JON PHELPS,
Plaintiff
v.
JOHN AND JANE DOES, 1-99,
Defendants
:
:
:
:
:
:
:
:
No. 1:17-cv-02193
(Judge Kane)
(Magistrate Judge Saporito)
ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
Before the Court in the above-captioned action is Magistrate Judge Saporito’s May 4,
2018 Report and Recommendation (Doc. No. 18), recommending that the Court construe pro se
Plaintiff Eric Jon Phelps’ motion to dismiss without prejudice (Doc. No. 17), as a notice of
voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), and dismiss this
action without prejudice. No timely objections have been filed.
ACCORDINGLY, on this 22nd day of May 2018, upon independent review of the
record and applicable law, IT IS ORDERED THAT:
1.
The Court ADOPTS Magistrate Judge Saporito’s Report and Recommendation
(Doc. No. 18);
2.
Plaintiff’s motion to dismiss without prejudice (Doc. No. 17), is CONSTRUED
as a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure
41(a)(1)(A)(i);
3.
This action is DISMISSED WITHOUT PREJUDICE; and
4.
The Clerk of Court is directed to CLOSE this case.
s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania
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