Opinion
No. 3:15-0505
09-15-2015
COREY ALAN BENNETT, Plaintiff v. BRUCE WESTBROOKS, et al., Defendants
Judge Campbell/Bryant
Jury Demand
TO: THE HONORABLE TODD J. CAMPBELL
REPORT AND RECOMMENDATION
Plaintiff Corey Alan Bennett, a prisoner proceeding pro se and in forma pauperis, has filed his motion to voluntarily dismiss (Docket Entry No. 95). By this motion Plaintiff Bennett seeks to dismiss voluntarily his complaint against all Defendants.
It appears from the record that no Defendant has yet filed either an answer or a motion for summary judgment. Therefore, the undersigned Magistrate Judge finds that Plaintiff Bennett's motion to dismiss voluntarily his complaint should be granted pursuant to Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure.
RECOMMENDATION
For the reasons stated above, the undersigned recommends that Plaintiff Bennett's motion to dismiss his complaint (Docket Entry No. 95) be granted and that the complaint be dismissed.
Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has 14 days from receipt of this Report and Recommendation in which to file any written objections to this Recommendation with the District Court. Any party opposing said objections shall have 14 days from receipt of any objections filed in this Report in which to file any responses to said objections. Failure to file specific objections within 14 days of receipt of this Report and Recommendation can constitute a waiver of further appeal of this Recommendation. Thomas v. Arn, 474 U.S. 140 106 S. Ct. 466, 88 L.Ed.2d 435 (1985), Reh'g denied, 474 U.S. 1111 (1986).
ENTER this 15th day of September, 2015.
/s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge