Opinion
CIVIL ACTION NO. 3:11-CV-1394
01-04-2012
RICHARD C. ANAMANYA, Plaintiff, v. FEDERAL BUREAU OF PRISONS, et al., Defendants.
(Judge Kosik)
MEMORANDUM AND ORDER
AND NOW, THIS 4th DAY OF JANUARY, 2012, IT APPEARING TO THE COURT THAT:
(1) Plaintiff, Richard C. Anamanya, a prisoner confined at FCI- Oakdale, Oakdale, Louisiana, filed the instant Federal Tort Claims Act (FTCA) complaint on July 27, 2011, claiming that the Defendants were negligent when they failed to provide a sufficient number of guards to prevent an assault on him by another inmate while he was housed at USP- Lewisburg, Pennsylvania;
(2) The case was assigned to Magistrate Judge Martin C. Carlson;
(3) On January 3, 2012, Plaintiff filed a Notice of Voluntary Dismissal (Doc. 28), wherein he requests that the court voluntarily dismiss the action pursuant to Fed. R. Civ. P. 41(a);
(4) On January 3, 2012, the Magistrate Judge issued a Report and Recommendation (Doc. 29) wherein he concludes that Plaintiff should be permitted under Rule 41 to dismiss the action without further leave of court;
(5) The Magistrate Judge recommends that the Plaintiffs Complaint be dismissed and that the Defendant's Motion to Dismiss (Doc. 15) be dismissed as moot;
AND, IT FURTHER APPEARING THAT:
(6) We have reviewed the Magistrate Judge's Report and we agree with his Recommendation;
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
(1) The Report and Recommendation of Magistrate Judge Martin C. Carlson dated January 3, 2012 (Doc. 29) is ADOPTED;
(2) The plaintiff's Complaint is DISMISSED;
(3) The Defendant's Motion to Dismiss (Doc. 15) is DISMISSED as moot; and
(4) The Clerk of Court is directed to CLOSE this case and to forward a copy of this Memorandum and Order to the Magistrate Judge.
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Edwin M. Kosik
United States District Judge