Opinion
7:22-CV-129 (WLS)
01-04-2024
ADRIEL NOEL MANN SR., Plaintiff, v. TANGIE MORRISON, et al., Defendants.
ORDER
W. LOUIS SANDS, SR. JUDGE UNITED STATES DISTRICT COURT
Before the Court is Plaintiff's Notice of Request to Dismiss (Doc. 38). Therein, Plaintiff asks the Court to Dismiss the above-captioned case. Defendants filed a Response to Defendant's Notice of Request to Dismiss (Doc. 38) asking the Court to construe Plaintiff's filing as a motion for voluntary dismissal under Federal Rule of Civil Procedure 41(a)(2); and indicating that they do not oppose such a dismissal, and that they withdraw their previous Motion to Re-open Discovery (Doc. 37).
The Court agrees with Defendants that Plaintiff's Notice of Request to Dismiss should be construed as a motion for voluntary dismissal under Rule 41(a)(2). Upon consideration thereof, Plaintiff's Notice of Request to Dismiss, which the court construes as a motion for voluntary dismissal, (Doc. 38) is hereby GRANTED. The Court, therefore, ORDERS all Plaintiff's claims pending against Defendants Tangie Morrison, Benjamin Ford, Jacob Beasley, Timothy Ward, Counselor Richardson, and Aimee Smith be DISMISSED-WITHOUT-PREJUDICE, with each party bearing their own attorneys' fees and costs. Moreover, the Court ACCEPTS Defendants' withdrawal of their Motion to Re-open Discovery (Doc. 37), and the Pretrial Conference in the above-captioned case is CANCELLED.
SO ORDERED.