Opinion
CASE NO. C13-5809 BHS
11-20-2013
CLAYTON E. BUTSCH, Plaintiff, v. DEPARTMENT OF CORRECTIONS, et al., Defendants.
ORDER DECLINING TO ADOPT
THE REPORT AND
RECOMMENDATION AND
CLOSING CASE
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 13), and Plaintiff Clayton Butsch's ("Butsch") objections to the R&R (Dkt. 14).
On October 3, 2013, Judge Strombom issued the R&R recommending that the Court grant Butsch's motion to voluntarily dismiss his complaint. Dkt. 13. On October 10, 2013, Butsch filed objections arguing that Judge Strombom incorrectly converted his notice of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A) into a motion to dismiss pursuant to Fed. R. Civ. P. 41(a)(2). Dkt. 13. While the conversion is essentially a procedural distinction without a substantive difference, the Court will honor Butsch's notice that was mailed before Defendants answered.
Therefore, the Court having considered the R&R, Butsch's objections, and the remaining record, does hereby find and order as follows:
(1) The Court DECLINES to ADOPT the R&R;
(2) The Court ACCEPTS Butsch's notice of voluntary dismissal; and,
(3) The Clerk shall CLOSE this case.
______________________
BENJAMIN H. SETTLE
United States District Judge