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Miller v. Moore

United States District Court, M.D. Georgia, Valdosta Division
Nov 7, 2007
NO. 7:07-cv-164 (HL) (M.D. Ga. Nov. 7, 2007)

Opinion

NO. 7:07-cv-164 (HL).

November 7, 2007


ORDER


On September 19, 2007, plaintiff ODDIE LEE MILLER filed a pro se civil rights complaint under 42 U.S.C. § 1983. On October 25, 2007, Magistrate Judge Richard L. Hodge issued an Order to Show Cause instructing plaintiff to show why his lawsuit should not be dismissed for failing to exhaust his administrative remedies as required by 42 U.S.C. § 1997e(a). Plaintiff responded by filing a Motion to Dismiss (Tab # 12).

Under Rule 41 of the Federal Rules of Civil Procedure, a plaintiff has the absolute right to dismiss his action by filing a notice of dismissal "at any time before service by the adverse party of an answer or of a motion for summary judgment." Because the defendants have not filed an answer or other responsive pleading in this case, plaintiff may dismiss his case. Accordingly, plaintiff's motion is hereby GRANTED and the above-captioned action is deemed DISMISSED WITHOUT PREJUDICE.

SO ORDERED.


Summaries of

Miller v. Moore

United States District Court, M.D. Georgia, Valdosta Division
Nov 7, 2007
NO. 7:07-cv-164 (HL) (M.D. Ga. Nov. 7, 2007)
Case details for

Miller v. Moore

Case Details

Full title:ODDIE LEE MILLER, JR., Plaintiff v. MRS. G. MOORE, et al., Defendants

Court:United States District Court, M.D. Georgia, Valdosta Division

Date published: Nov 7, 2007

Citations

NO. 7:07-cv-164 (HL) (M.D. Ga. Nov. 7, 2007)