Opinion
CIVIL ACTION NO.: 5:20-cv-121
01-25-2021
KWANE TYREE DOZIER, Plaintiff, v. WARDEN UPTON; and COMMISSIONER, GEORGIA DEPARTMENT OF CORRECTIONS, Defendants.
ORDER
Plaintiff filed a 42 U.S.C. § 1983 Complaint and alleged Defendants violated his constitutional rights. Dkt. No. 1. After conducting the requisite frivolity review, the Magistrate Judge recommended the Court dismiss Plaintiff's Complaint. Dkt. No. 11. In lieu of Objections, Plaintiff filed his Notice of Voluntary Dismissal. Dkt. No. 12.
The Court construes Plaintiff's Notice as being a motion brought under Federal Rule of Civil Procedure 41(a)(2). Rule 41(a)(2) provides that "an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper. Unless the order states otherwise, a dismissal under this paragraph . . . is without prejudice." Upon due consideration, the Court GRANTS Plaintiff's construed Motion to Dismiss his § 1983 Complaint voluntarily. Consequently, the Court REJECTS as moot the Magistrate Judge's Report and Recommendation, DISMISSES without prejudice Plaintiff's Complaint, and DIRECTS the Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this case.
Plaintiff entitled this filing "Motion for Notice of Voluntary Dismissal." Dkt. No. 12. The Clerk of Court docketed this filing as a Notice. "Courts generally 'must look beyond the labels of [filings] by pro se [parties] to interpret them under whatever statute would provide relief.'" Edwards v. Hastings, No. 2:14-CV-41, 2016 WL 686386, at *1 (S.D. Ga. Feb. 18, 2016) (quoting Lofton v. Williams, No. CV415-146, 2016 WL 126408, at *2 (S.D. Ga. Jan. 11, 2016) (first alteration in original), and citing Means v. Alabama, 209 F.3d 1241, 1242 (11th Cir. 2000) (concerning pro se inmates))); Fed. R. Civ. P. 8(e) ("Pleadings must be construed so as to do justice."); Wilkerson v. Georgia, 618 F. App'x 610, 611-12 (11th Cir. 2015).
SO ORDERED, this 25 day of January, 2021.
/s/_________
HON. LISA GODBEY WOOD, JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA