Smith v. Kendig

Full title: F.A. SMITH, Plaintiff, v. NEWTON KENDIG, et al., Defendants

Court: United States District Court, N.D. Florida, Panama City Division

Date published: Mar 16, 2007

Case No.: 5:06cv231/RS/EMT (N.D. Fla. Mar. 16, 2007)

Opinion

Case No.: 5:06cv231/RS/EMT.

March 16, 2007

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 28 U.S.C. § 1331 (Doc. 10). Plaintiff seeks dismissal without prejudice ( id.).

Rule 41(a)(1)(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. Since Defendants have 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. 10) 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, and does not control. 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).