Opinion
Case No.: 5:14cv48/RS/EMT
03-19-2014
TROY ALLEN BARNES, Plaintiff, v. JUDGE WILLIAM WRIGHT, et al., Defendants.
REPORT AND RECOMMENDATION
This matter is before the court on Plaintiff's "Motion Petition for Voluntary Dismissal [sic]," without prejudice, of the instant civil rights case filed pursuant to 42 U.S.C. § 1983 (doc. 10).
Rule 41(a)(1)(A)(i) provides that an action may be dismissed without an order of the court by filing a notice of dismissal at any time before the adverse party serves an answer or files a motion for summary judgment. Because Defendants have not yet been served in the instant case, it is clear that Plaintiff is automatically entitled to a voluntary dismissal at this time.
Accordingly, it is respectfully RECOMMENDED:
That Plaintiff's "Motion Petition for Voluntary Dismissal [sic]" (doc. 10) be GRANTED and this case be DISMISSED without prejudice.
At Pensacola, Florida, this 19th day of March 2014.
__________
ELIZABETH M. TIMOTHY
UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations may be filed within fourteen (14) days after being served a copy thereof. Any different deadline that may appear on the electronic docket is for the court's internal use only. A copy of objections shall be served upon the magistrate judge and all other parties. Failure to object may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d 698, 701 (11th Cir. 1988).