Frye v. Glunt et al

Filing 7

MEMORANDUM (Order to follow as separate docket entry)The Court will accept Plaintiff's notice of voluntary dismissal and his complaint will be dismissed without prejudice to Plaintiff's renewal of his claims. However, Plaintiff is forewarned that renewal of his claims is subject to the applicable statute of limitations. See Wilson v. Garcia, 471 u.S. 261, 276(1985). An appropriate Order will enter.Signed by Honorable Richard P. Conaboy on 8/27/15. (cc)

IN THE UNITED STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

DEVON FRYE,
aintiff
CIVIL NO.

v.

3:CV-15 1503

(Judge Conaboy)

STEVEN R. GLUNT, ET AL.,

FILED

SCR/~NTON

Defendants
I~.
MEMORANDUM

i-I;;;d _ _---!:C::::.-.s.;;;;;=----I

DEPUTY CLERK

Background
Devon Frye,

an inmate

State Correctional Institution,
Rockview),

sently confined at the Rockview
Bellefonte,

Pennsylvania

recently initiated this 2£Q se civil ri

Vlrsuant to 42 U.S.C.

§

1983.

G 2 ·1 2015

(SCI-

s action

Service of the Complaint has not

been ordered.
On

st 27,

complaint
that "I would Ii
[sic]

2015,

prejudice.

Plaintiff filed a notice to wit
Doc.

6.

his

's submission states

for the pending pro se lawsuit to be withdraw

without prejudice."

at p.

1.

Frye's request will be construed as a notice of voluntary
dismissal pursuant to Federal Rule of C

I

Procedure 41 (a) (1).

1.
ral Rule of Ci 1 Procedure 41 (a) (1) (AJ ((i) P
des that
a plaintiff may dismiss an action without a court order by filing a
notice of dismissal before the opposing
rty serves either an
answer or a motion for summary judgment. Dismissal under this
provision is without prejudice.

1

Since

se~vice

of the Complaint has not yet been

is entitled to voluntary dismissal
The Court will acc

unde~

o~de~ed,

Plaintiff

Rule 41(a) (1).

Plaintiff's notice of voluntary

s complaint will be dismissed without prejudice to

dismissal and

Plaintiff's renewal of his claims.

~owever,

Plaintiff is

forewarned that renewal of his claims is subject to the applicable
statute of limitations.
(1985).

See Wilson v. Garcia, 471 u.S. 261, 276

An appropriate Order will enter.

Judge

DATED: AUGUST

".11
f-.

liI\2015
'

2