Summary
applying Aamot and Eddins to dismiss the plaintiff's action without prejudice and the pending motions to dismiss as moot
Summary of this case from Cribbsi v. CaseOpinion
CASE NO.: 4:07CV697.
November 30, 2007
ORDER
The Court has examined the Report and Recommended Decision of Magistrate Judge McHargh, submitted in this matter on November 6, 2007. Upon due consideration, and no objections having been filed by the parties, the Court adopts the Report and Recommended findings and conclusions of the Magistrate Judge and incorporates them herein. Therefore, it is ordered that Plaintiff's Motion for Leave to file a voluntary dismissal under Rule 41(a)(2) is construed as a notice of dismissal under Rule 41(a)(1). Defendants James, Fuqua and Younes are hereby DISMISSED WITHOUT PREJUDICE. Additionally, it is noted that Plaintiff previously filed a voluntary dismissal against, among others, Defendant Foltz and this Court previously dismissed Defendant Foltz on August 30, 2007. As such, the motions to dismiss with prejudice, filed by Defendants Foltz (Doc. #17), Younes (Doc. #16), and James and Fuqua (Doc. #21) are therefore MOOT.
So ordered.