Fountain v. United States of America et al
MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's Motion for Voluntary Dismissal 20 is hereby GRANTED. Plaintiff's complaint is hereby DISMISSED WITHOUT PREJUDICE. Any motion not previously or otherwise ruled on herein is hereby DENIED. Signed by Judge Michael H. Schneider on 04/12/16. (mll, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
UNITED STATES OF AMERICA, ET AL
CIVIL ACTION NO. 6:15cv011
MEMORANDUM OPINION AND ORDER
Plaintiff Freddie Fountain, an inmate confined in the Texas prison system, proceeding pro se and
in forma pauperis, filed the above-styled and numbered civil rights lawsuit pursuant to 42 U.S.C. § 1983.
On March 28, 2016, the Plaintiff filed a letter motion seeking to voluntarily dismiss the lawsuit (docket entry
#20). A plaintiff is entitled to voluntarily dismiss a case before the opposing party serves either an answer
or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1). The Defendant has not filed an answer nor a
motion for summary judgment in this case. The motion to dismiss should be granted.
It is accordingly
ORDERED that Plaintiff’s Motion for Voluntary Dismissal (docket entry #20) is hereby
GRANTED. It is further
ORDERED that Plaintiff’s complaint is hereby DISMISSED WITHOUT PREJUDICE It is
ORDERED that any motion not previously or otherwise ruled on herein is hereby DENIED.
SIGNED this 12th day of April, 2016.
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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