Opinion
5:08cv23/RS/MD.
February 22, 2008
REPORT AND RECOMMENDATION
This cause is before the court upon plaintiff's motion for order of nolle prosequi (doc. 5) which the court construes as a motion for voluntary dismissal. Plaintiff indicates that his complaint would be subject to dismissal for failure to state a claim, and he seeks to dismiss this action without prejudice in order to exhaust appropriate state remedies.
Accordingly, it is respectfully RECOMMENDED:
That plaintiff's motion to dismiss (doc. 5) be granted and this case be dismissed without prejudice.
NOTICE TO THE PARTIES
Any objections to these proposed findings and recommendations must be filed within ten days after being served a copy hereof. Any different deadline that may appear on the electronic docket is for the court's internal use only, and does not control. A copy of any objections shall be served upon any other parties. Failure to object may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d 698, 701 (11th Cir. 1988).