Civil No. 05-CV-70970-DT.
September 28, 2006
OPINION AND ORDER GRANTING THE MOTION FOR VOLUNTARY DISMISSAL
PAUL BORMAN, District Judge
Gregory P. Keith, ("plaintiff"), presently confined at the Chippewa Correctional Facility in Kincheloe, Michigan, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff has now filed a motion for voluntary dismissal pursuant to Fed.R.Civ.P 41(a). 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 his civil rights complaint, in light of the fact that the defendants have not yet been served in this case, nor have they filed an answer to the complaint or motions to dismiss or for summary judgment. Id. II. ORDER
Based upon the foregoing, the motion for voluntary dismissal is GRANTED and the complaint is DISMISSED WITHOUT PREJUDICE.