Opinion
2:22-CV-10576
01-23-2024
BUCK A. FRALY, Plaintiff, v. MACOMB CORRECTIONAL FACILITY MEDICAL STAFF, ET. AL., Defendants,
OPINION AND ORDER GRANTING THE MOTION (ECF No. 13) FOR VOLUNTARY DISMISSAL
HON. DENISE PAGE HOOD UNITED STATES DISTRICT JUDGE
Buck A. Fraly, (“Plaintiff”), confined at the Macomb Correctional Facility in New Haven, filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff has now sent a letter to this Court, requesting to voluntarily dismiss his complaint. 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 the civil rights complaint, in light of the fact that the defendants have not filed an answer to the complaint or motions to dismiss or for summary judgment. Id.
IT IS ORDERED THAT the complaint is DISMISSED WITHOUT PREJUDICE.