Bray v. Middlebrooks

Full title: JOHN D. BRAY, Plaintiff, v. SCOTT A. MIDDLEBROOKS, Warden, Defendant

Court: United States District Court, N.D. Florida, Panama City Division

Date published: Apr 25, 2008

Case No.: 5:08cv108/RS/EMT (N.D. Fla. Apr. 25, 2008)

Opinion

Case No.: 5:08cv108/RS/EMT.

April 25, 2008

REPORT AND RECOMMENDATION

ELIZABETH TIMOTHY, Magistrate Judge

This matter is before the court on Plaintiff's notice of voluntarily dismissal of this civil rights action ( see Doc. 8). Plaintiff requests dismissal without prejudice (id.).

Rule 41(a)(1) 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 Defendant has not been served in the instant case, it is clear that Plaintiff is automatically entitled to a voluntary dismissal at this time. The dismissal will be without prejudice.

Accordingly, it is respectfully RECOMMENDED:

That Plaintiff's notice of voluntarily dismissal (Doc. 8) be GRANTED and this action dismissed without prejudice.

NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations may be filed within ten (10) 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 (11^th Cir. 1988).