Civil No. 06-CV-10394.
April 13, 2006
OPINION AND ORDER GRANTING THE MOTION FOR VOLUNTARY DISMISSAL
MARIANNE BATTANI, District Judge
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.