Brooks v. Brown

Full title: FLAKE WOODY BROOKS Plaintiff, v. JUDGE JOE B. BROWN Defendant

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Apr 18, 2002

NO. 3-02-CV-0397-M (N.D. Tex. Apr. 18, 2002)

Opinion

NO. 3-02-CV-0397-M

April 18, 2002

FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

JEFF KAPLAN, Judge

Plaintiff Flake Woody Brooks, appearing pro se, has written a letter to the district clerk advising that "I want to drop the law suite [sic] against Joe B. Brown." The Court will construe the letter as a notice of voluntary dismissal under Rule 41(a)(1) of the Federal Rules of Civil Procedure.

Rule 41(a)(1) provides, in relevant part, that "an action may be dismissed by the plaintiff without order of court . . . 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, whichever first occurs . . ." FED. R. CIV. P. 41(a)(1). Plaintiff filed this pro se civil rights action on February 25, 2002. Defendant has not yet served an answer or a motion for summary judgment. Accordingly, plaintiff is entitled to dismiss this case without order of the court.

RECOMMENDATION

This case should be dismissed without prejudice pursuant to Rule 41 (a)(1) of the Federal Rules of Civil Procedure.