McCiskill v. Smith

Full title: DONALD RAFEAL McCISKILL, Plaintiff, v. OFFICER ROCKY SMITH, Defendant

Court: United States District Court, N.D. Florida, Pensacola Division

Date published: Dec 3, 2008

Case No.: 3:08cv61/RV/EMT (N.D. Fla. Dec. 3, 2008)

Opinion

Case No.: 3:08cv61/RV/EMT.

December 3, 2008

REPORT AND RECOMMENDATION

ELIZABETH TIMOTHY, Magistrate Judge

This matter is before the court on Plaintiff's notice of voluntary dismissal of the instant civil rights case, filed pursuant to 42 U.S.C. § 1983, without prejudice (Doc. 28).

Rule 41(a)(1)(A)(i) provides that an action may be dismissed without an order of the court by filing a notice of dismissal at any time before the adverse party serves an answer or files a motion for summary judgment. Because Defendant has not yet been served in the instant case, it is clear that Plaintiff is automatically entitled to a voluntary dismissal at this time.

Accordingly, it is respectfully RECOMMENDED:

That Plaintiff's notice of voluntary dismissal (Doc. 28) be GRANTED and this case be DISMISSED without prejudice.

NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations may be filed within ten (10) days after being served a copy thereof. Any different deadline that may appear on the electronic docket is for the court's internal use only. A copy of objections shall be served upon the magistrate judge and all other parties. Failure to object may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts , 858 F.2d 698, 701 (11th Cir. 1988).