Ceasar v. SC Department of Health and Environmental Control

Filing 40

ORDER granting Plaintiff's 35 MOTION to Dismiss and 39 MOTION to Dismiss. Plaintiff's Complaint is dismissed without prejudice. Signed by Honorable Cameron McGowan Currie on 3/5/2018. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Lisa Michelle Ceasar,

C/A. No. 3:17-2018-CMC

Plaintiff,
v.
SC Department of Health and Environmental
Control,

Order

Defendant.

This matter is before the court on Plaintiff’s motion for voluntary dismissal without
prejudice. ECF No. 35. Because Plaintiff is pro se, out of an abundance of caution, the Magistrate
Judge entered a Text Order in response to Plaintiff’s motion, informing her that her claims may be
subject to additional defenses, such as the statute of limitations, if she proceeds to dismiss her case.
ECF No. 36. That Text Order requested Plaintiff advise the court by February 28, 2018, whether
she wishes the court to dismiss her case, and also directed Defendant to advise the court whether
it consents to dismissal without prejudice. Id. On February 15, Defendant filed a response
consenting to dismissal without prejudice. ECF No. 38. On February 27, Plaintiff filed another
motion to voluntarily dismiss her case without prejudice, indicating her desire to go forward with
dismissal. ECF No. 39.

As Plaintiff has twice indicated her desire to dismiss her case without prejudice, and
Defendant consents, the court hereby grants Plaintiff’s motions (ECF Nos. 35, 39). Plaintiff’s
Complaint is dismissed without prejudice.
IT IS SO ORDERED.
s/Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
Senior United States District Judge
Columbia, South Carolina
March 5, 2018

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