Opinion
NO. 5:12-CV-60 (MTT)
04-11-2013
COREY GRIER, Plaintiff v. Nurse MARY GORE, et al., Defendants
ORDER
Pro se Plaintiff COREY GRIER has filed a civil rights complaint under 42 U.S.C. § 1983. He now moves, before service, for voluntary dismissal of this action (Doc. 10).
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[.]" Defendants have 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 deemed DISMISSED WITHOUT PREJUDICE
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MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT