Hamm et al v. Scaturo et al

Filing 86

ORDER The Court Adopts the Report and Recommendation of the Magistrate Judge as Order of the Court and Dismisses without prejudice the complaint. Signed by Honorable Richard M Gergel on 12/22/2016. (erav, )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Michael E. Hamm, Plaintiff, v. Holly Scaturo, et al., Defendants. Civil Action No. 9:15-4079-RMG ) ) ) ) ) ) ) ) ) ) ORDER This matter is before the Court on the Report and Recommendation of the Magistrate Judge, recommending that Plaintiff's motion for voluntary dismissal without prejudice be granted. Plaintiff moves to dismiss because he believes his claims in this case conflict with his claims in a pending state case. The Court agrees with the Magistrate Judge's conclusion that "[i]f Plaintiff wishes to dismiss his case, he should be allowed to do so." The Court also agrees that, in light of Plaintiff's pro se status, the dismissal should be without prejudice. The Court therefore ADOPTS the Report and Recommendation of the Magistrate Judge as the Order of the Court and DISMISSES WITHOUT PREJUDICE the complaint. AND IT IS SO ORDERED. Richard Mark United States December (2-,2016 Charleston, South Carolina -1­ rgel strict Court Judge

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