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, )

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

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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

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rgel
strict Court Judge