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Clarke v. Newblatt

United States District Court, E.D. Michigan, Southern Division
Apr 13, 2006
Civil No. 06-CV-10394 (E.D. Mich. Apr. 13, 2006)

Opinion

Civil No. 06-CV-10394.

April 13, 2006


OPINION AND ORDER GRANTING THE MOTION FOR VOLUNTARY DISMISSAL


Tina Marie Clarke, ("plaintiff"), presently confined at the Huron Valley Women's Complex in Ypsilanti, Michigan, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff has now filed a letter request to withdraw from the case, which is construed by the Court as a motion for voluntary dismissal pursuant to Fed.R.Civ.P 41(a). For the reasons stated below, the motion for voluntary dismissal is granted and the complaint is DISMISSED WITHOUT PREJUDICE.

I. DISCUSSION

Fed.R.Civ.P. 41(a) provides that a plaintiff may dismiss an action without order of court by filing a notice of dismissal before service by the adverse party of an answer or motion for summary judgment. See also Doran v. McGinnis, 158 F.R.D. 383, 389 (E.D. Mich. 1994). Plaintiff is entitled to a voluntary dismissal of her civil rights complaint, in light of the fact that the defendant has not yet been served in this case, nor has he filed an answer to the complaint or motions to dismiss or for summary judgment. Id.

II. ORDER

Based upon the foregoing, the motion for voluntary dismissal is GRANTED and the complaint is DISMISSED WITHOUT PREJUDICE.


Summaries of

Clarke v. Newblatt

United States District Court, E.D. Michigan, Southern Division
Apr 13, 2006
Civil No. 06-CV-10394 (E.D. Mich. Apr. 13, 2006)
Case details for

Clarke v. Newblatt

Case Details

Full title:TINA MARIE CLARKE, Plaintiff, v. DAVID NEWBLATT, Defendant

Court:United States District Court, E.D. Michigan, Southern Division

Date published: Apr 13, 2006

Citations

Civil No. 06-CV-10394 (E.D. Mich. Apr. 13, 2006)