MATHIS
v.
FLORIDA DEPARTMENT OF CORRECTIONS
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The court accepted the plaintiff's notice of voluntary dismissal, effectively dismissing the case without prejudice.
Plaintiff, an inmate proceeding pro se, filed a civil rights complaint and a motion to proceed in forma pauperis. A Report and Recommendation was ente…
The full statement of facts, procedural history, and disposition for this case are member content.
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Plaintiff, an inmate proceeding pro se, initiated this case in late May 2020, by submitting an in forma pauperis motion, ECF No. 2, and a § 1983 civil rights complaint, ECF No. 1. Noting that Plaintiff’s complaint concerned events which transpired at Martin Correctional Institution, a Report and Recommendation was entered on June 1, 2020, to transfer this case. ECF No. 4. However, Plaintiff has now filed a notice of voluntary dismissal pursuant to Rule 41(a). ECF No. 5. Federal Rule of Civil Procedure 41(a)(1)(A)(i) provides that an action may be dismissed without an order of the court by filing a notice of dismissal at any time before the adverse party serves his answer, or files a motion for summary judgment. Plaintiff’s notice of voluntary dismissal is appropriately accepted under Rule 41(a). Although Plaintiff’s notice is effective without an order, see Fed. R. Civ. P. 41(a)(1)(A), Anago Franchising, Inc. v. Shaz, LLC, 677 F. 3d 1272 (11th Cir. 2012), this Order confirms that the case has been dismissed without prejudice. The Clerk must close the file. Accordingly, it is ORDERED: 1. Plaintiff’s notice of voluntary dismissal, ECF No. 5, filed pursuant to Rule 41(a)(1)(A)(i), is ACCEPTED.
2. The Report and Recommendation, ECF No. 4, is VACATED.
3. The Clerk of Court shall administratively close this case.
DONE AND ORDERED on June 8, 2020.
S/ Martin A. Fitzpatrick