Henderson v. Shepard

Full title: PETER PHILLIP HENDERSON, Plaintiff, v. STAN SHEPARD, et al., Defendants.

Court: United States District Court For the Southern District of Georgia Waycross Division

Date published: Mar 30, 2020

CIVIL ACTION NO.: 5:20-cv-20 (S.D. Ga. Mar. 30, 2020)

Opinion

CIVIL ACTION NO.: 5:20-cv-20

03-30-2020

PETER PHILLIP HENDERSON, Plaintiff, v. STAN SHEPARD, et al., Defendants.

HON. LISA GODBEY WOOD, JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

ORDER

Plaintiff filed a 42 U.S.C. § 1983 Complaint and alleged Defendants violated his constitutional rights. Dkt. No. 1. This Court granted Plaintiff in forma pauperis status, dkt. no. 4. Although Plaintiff submitted his consent to collection of fees and trust account statement forms, dkt. nos. 5, 6, he also filed a Notice of Voluntary Dismissal. Dkt. No. 7

The Court construes Plaintiff's Notice as being a motion brought under Federal Rule of Civil Procedure 41(a)(1).¹ Rule 41(a)(1)(A)(i) provides that "a plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment[.]" Such a dismissal is without prejudice, unless otherwise noted. Fed. R. Civ. P. 41(a)(1)(B).

1 "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).

Upon due consideration, the Court GRANTS Plaintiff's construed Motion to Dismiss his § 1983 Complaint voluntarily. Consequently, the Court VACATES the grant of in forma pauperis, DISMISSES without prejudice Plaintiff's Complaint, DENIES as moot all pending Motions, and DIRECTS the Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this case. The Court also DIRECTS the Clerk of Court to mail a blank copy of the Court's § 1983 complaint form, along with a copy of this Order, to Plaintiff.

SO ORDERED, this 30 day of March, 2020.

/s/_________

HON. LISA GODBEY WOOD, JUDGE

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA