Fountain v. United States of America et al

Filing 21

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, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION FREDDIE FOUNTAIN § VS. § 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 finally 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?