Opinion
Case No. 19-cv-12633
10-31-2019
MICHAEL MALOTT, Plaintiff, v. JODI D'ANGELO, ET. AL., Defendants.
OPINION AND ORDER GRANTING THE MOTION FOR VOLUNTARY DISMISSAL [#16]
Plaintiff Michael Malott, presently confined at the Macomb Correctional Facility in New Haven, Michigan, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff has now filed a motion for voluntary dismissal pursuant to Federal Rules of Civil Procedure 41(a). For the reasons stated below, the motion for voluntary dismissal is granted and the complaint is DISMISSED WITHOUT PREJUDICE.
I. DISCUSSION
Federal Rule of Civil Procedure 41 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. Fed. R. Civ. P. 41(a); see also Doran v. McGinnis, 158 F.R.D. 383, 389 (E.D. Mich. 1994). Here, Plaintiff is entitled to a voluntary dismissal of his civil rights complaint, as Defendants have not filed an answer to the complaint, a motion to dismiss, or a motion for summary judgment. Id.
Based upon the foregoing, the motion for voluntary dismissal is GRANTED and the complaint is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED. Dated: October 31, 2019
s/Gershwin A. Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, October 31, 2019, by electronic and/or ordinary mail.
s/Teresa McGovern
Case Manager