Opinion
CASE NO. 2:15-CV-725-WKW
01-12-2016
MARK ALLEN JORDAN, #273663, Plaintiff, v. OFFICER GUICE, et al., Defendants.
RECOMMENDATION OF THE MAGISTRATE JUDGE
The plaintiff, an indigent state inmate, initiated this 42 U.S.C. § 1983 action in October of 2015. Subsequently, and prior to service of the complaint, the plaintiff filed a document in which he seeks dismissal of this case. Doc. 14 at 1. The court construes this document as a motion to dismiss.
Upon consideration of the plaintiff's motion to dismiss, the court concludes that this motion is due to be granted. Furthermore, since the complaint has not been served on the defendants, the court finds that this case should be dismissed without prejudice pursuant to Rule 41(a)(1), Federal Rules of Civil Procedure.
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:
1. The plaintiff's motion to dismiss be GRANTED.
2. This case be dismissed without prejudice.
3. No costs be taxed herein.
It is further ORDERED that on or before January 26, 2016 the plaintiff may file an objection to the Recommendation. The plaintiff must specifically identify the factual findings and legal conclusions in the Recommendation to which the objection is made; frivolous, conclusive, or general objections will not be considered. Failure to file written objections to the Recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) shall bar the plaintiff from a de novo determination by the District Court of legal and factual issues covered in the Recommendation and waives the right of the party to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5 Cir. 1982); 11 CIR. R. 3-1. See Stein v. Lanning Securities, Inc., 667 F.2d 33 (11 Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11 Cir. 1981) (en banc).
DONE this 12th day of January, 2016.
/s/ Gray M. Borden
UNITED STATES MAGISTRATE JUDGE