Opinion
NO. 5:11-CV-369 (MTT)
December 05, 2011.
ORDER
Plaintiff JOHN ROBIN DURRANCE, an inmate at Hancock State Prison ("HSP"), filed a civil rights complaint under 42 U.S.C. § 1983. He now moves for voluntary dismissal of this action (Doc. 11). Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, a plaintiff may voluntarily his action "before the opposing party serves either an answer or a motion for summary judgment[.]" Defendant has not yet served an answer or a motion for summary judgment. Accordingly, Plaintiff's motion to dismiss is hereby GRANTED and the above-captioned action is DISMISSED WITHOUT PREJUDICE. The Court's prior Order that Plaintiff pay the $350.00 filing fee (Doc. 8) is hereby VACATED. The Clerk of Court is DIRECTED to send a copy of this Order to HSP, so that funds will not be withheld from Plaintiff's account.
SO ORDERED.