Gathers v. Rock Hill Police, City of et al

Filing 22

ORDER granting Plaintiff's 17 Motion to Voluntarily Dismiss Case and dismissing this matter without prejudice. Signed by Honorable Cameron McGowan Currie on 7/3/2018. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Travis Gathers, #1505721,

Civil Action No. 0:18-cv-711-CMC

Plaintiff,
vs.

ORDER

Ryan Thomas, Individually; Luke Boiling1,
Individually; and Daniel Popov, Individually,
Defendants.
This matter is before the court on Plaintiff’s pro se Complaint pursuant to 42 U.S.C. §
1983. ECF No. 1. On June 15, 2018, Plaintiff filed a motion to voluntarily dismiss the case
without prejudice because he is detained in the York County Detention Center and unable to access
legal materials or the legal library. ECF No. 17. The Magistrate Judge entered a text order on
June 18, 2018, which reads as follows:
TEXT ORDER: Plaintiff seeks to voluntarily dismiss his case because he does not
have access to a law library. Detention centers are not required to have law libraries,
as detention centers are usually shorter-term facilities and detainees are typically
represented by counsel. See Magee v. Waters, 810 F.2d 451, 452 (4th Cir.1987).
Plaintiff's claims appear to be related to the charges on which he is detained and if
so, his claims could be addressed in his state case. The undersigned also notes that
"[w]hen an action is dismissed without prejudice, the statute of limitations will bar
another suit if the statute has run in the interim." Davis v. Lunceford, 335 S.E.2d
798 (1985). Defendants are directed to advised [sic] whether they consent to
Plaintiff's motion to voluntarily dismiss his case without prejudice. Additionally,
Plaintiff is directed to advise the court by June 29, 2018, whether he persists in his
motion. Signed by Magistrate Judge Shiva V Hodges on 6/18/2018.

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The court notes this Defendant’s name is properly spelling “Boling” per his Answer. ECF No.
14. However, no motion to correct the caption has been filed.

Based on this text order, Defendants filed a response in support of voluntary dismissal without
prejudice. ECF No. 20. Plaintiff filed a reply on July 2, 2018, advising of his desire to persist in
his motion to voluntarily dismiss this action without prejudice. ECF No. 21.
As Defendants consent to Plaintiff’s motion, and Plaintiff has been warned the statute of
limitations applicable to this action may work to bar refiling of his case if it expires before he files
another action, but still wishes to pursue dismissal, the court grants the motion. This matter is
dismissed without prejudice.
IT IS SO ORDERED.
s/Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
Senior United States District Judge
Columbia, South Carolina
July 3, 2018

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