Rodriguez v. Rupert et al

Filing 7

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. The above-styled civil action is DISMISSED WITHOUT PREJUDICE on the motion of the Plaintiff. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Michael H. Schneider on 03/21/16. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
ERIK RODRIGUEZ

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v.

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JOHN RUPERT, ET AL.

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CIVIL ACTION NO. 6:15cv282

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
This lawsuit was part of a larger complaint which was severed into cases for each listed
plaintiff. Upon severance, the individual plaintiffs were directed to file amended complaints and pay
the filing fee or seek leave to proceed in forma pauperis. When the Plaintiff Erik Rodriguez did not
do so, the magistrate judge issued a report recommending that the lawsuit be dismissed. In response
to this report, Rodriguez asked to be removed from all matters concerning the case, essentially
requesting that the lawsuit be dismissed.
The Court has reviewed the pleadings and the report of the magistrate judge and has
determined that this report is correct. Nonetheless, Rodriguez’s request for voluntary dismissal
should be granted. See Carter v. United States, 547 F.2d 258, 259 (5th Cir. 1977) (plaintiff has
absolute right to dismiss his complaint under Rule 41(a), Fed. R. Civ. P., prior to the filing of an
answer or motion for summary judgment); Thomas v. Phillips, 83 Fed.Appx. 661, 2003 WL
22965565 (5th Cir., December 17, 2003) (citing Carter). It is accordingly
ORDERED that the above-styled civil action is DISMISSED WITHOUT PREJUDICE
on the motion of the Plaintiff. It is further

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ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
SIGNED this 21st day of March, 2016.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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