Opinion
NO. 5:10-cv-76 (HL).
April 20, 2010
ORDER
Plaintiff HENRY DEAN BRETT, an inmate at the Baldwin County Jail in Milledgeville, Georgia, has filed a pro se civil rights action under 42 U.S.C. § 1983. On March 19, 2010, the Court filed an Order directing plaintiff to file his complaint on the Court's section 1983 form and address specific issues. Plaintiff responded by filing a Motion to Dismiss (Tab # 6).
Under Rule 41 of the Federal Rules of Civil Procedure, a plaintiff has the absolute right to dismiss his action by filing a notice of dismissal "at any time before service by the adverse party of an answer or of a motion for summary judgment." Because the defendants have not filed an answer or other responsive pleading in this case, plaintiff may dismiss his case. Accordingly, plaintiff's motion is hereby GRANTED and the above-captioned action is deemed DISMISSED WITHOUT PREJUDICE. SO ORDERED.