Opinion
No. 3:05-CV-0941-M.
July 18, 2005
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Pursuant to the provisions of 28 U.S.C. § 636(b), and an Order of the Court in implementation thereof, subject cause has previously been referred to the United States Magistrate Judge. The findings, conclusions, and recommendation of the Magistrate Judge are as follows:
I. FINDINGS AND CONCLUSIONS
On May 1, 2005, the Court received a letter from plaintiff related to events involving Judge Mark Tolle. On May 12, 2005, the Court construed the letter as a civil action under 42 U.S.C. § 1983 and opened the instant civil action. On May 25, 2005, the Court entered a Notice of Deficiency and Order wherein it informed plaintiff that he had not paid the $250 filing fee or requested to proceed in forma pauperis. On June 13, 2005, plaintiff filed a motion to dismiss wherein he explains that he had no intent to file a civil action.
The Court reasonably construes the document filed on June 13, 2005, as a notice of dismissal filed under Fed.R.Civ.P. 41(a). That Rule provides that "an action may be dismissed by the plaintiff . . . by filing a notice of dismissal at any time before service by the adverse party of an answer or motion for summary judgment, whichever first occurs." Respondent has not yet filed an answer or a summary judgment motion. Voluntary dismissal under Rule 41(a) is, therefore, proper.