Opinion
Case No. 15-10690
10-27-2015
RICHARD CROWELL, Plaintiff, v. BADAWI ABDELLATIF, Defendant.
U.S. MAGISTRATE JUDGE R. STEVEN WHALEN
ORDER ADOPTING REPORT AND RECOMMENDATION RECOMMENDING GRANTING WITHOUT PREJUDICE PLAINTIFF'S REQUEST TO DISMISS [33]; GRANTING PLAINTIFF'S MOTION FOR VOLUNTARY DISMISSAL [31]; DENIED AS MOOT PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION [27]; DECLINING TO ADOPT AS MOOT REPORT AND RECOMMENDATION RECOMMENDING DENYING DEFENDANT'S MOTION TO REVOKE PLAINTIFF'S IN FORMA PAUPERIS STATUS AND TO DISMISS [24]; DENIED AS MOOT DEFENDANT'S MOTION TO REVOKE PLAINTIFF'S IN FORMA PAUPERIS STATUS AND TO DISMISS [20]
On February 23, 2015, Plaintiff, a Michigan Department of Corrections inmate, filed a 42 U.S.C. § 1983 pro se complaint. Currently before the Court is Plaintiff's motion for voluntary dismissal [31]; Plaintiff's motion for preliminary injunction [27]; Defendant's motion to revoke Plaintiff's in forma pauperis status and to dismiss [20]; and Reports and Recommendations regarding Plaintiff's request to dismiss [33] and Defendant's motion to revoke Plaintiff's in forma pauperis status and to dismiss [24].
On August 20, 2015, Plaintiff filed a request for voluntary dismissal, modified to a motion on October 9, 2015, requesting the Court to dismiss without prejudice his instant civil complaint. [31]. Defendants filed a response on August 27, 2015 stating that Defendant had no objection to the request for dismissal without prejudice. [32]. On October 6, 2015, the Magistrate recommended granting the dismissal without prejudice and gave a deadline of fourteen days from time of service to object to the R&R. [33]. Service was effectuated on October 6, 2015 and as of October 22, 2015 there has been no objections filed. Given that no objections have been filed, the Court ADOPTS the report and recommendation to grant without prejudice Plaintiff's request to dismiss. [33].
IT IS ORDERED that the Court ADOPTS the Report and Recommendation granting without prejudice Plaintiff's request to dismiss. [33]. Accordingly, Plaintiff's motion for voluntary dismissal [31] is GRANTED WITHOUT PREJUDICE; Plaintiff's motion for preliminary injunction [27] is DENIED AS MOOT; Defendant's motion to revoke in forma pauperis status and to dismiss [20] is DENIED AS MOOT; and accordingly the Report and recommendation denying Defendant's motion to revoke Plaintiff's in forma pauperis status and to dismiss [24] is not adopted by the Court given that the motion is moot.
s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge
Dated: October 27, 2015