Opinion
Case No.: 5:07cv16/RS/EMT.
August 13, 2007
ORDER, REPORT AND RECOMMENDATION
This matter is before the court on Plaintiff's "Dismissal" (Doc. 18), which the court has construed as a notice of voluntary dismissal of the instant civil rights case filed pursuant to 42 U.S.C. § 1983.
The court notes that the return address on the envelope sent by Plaintiff does not match his address of record. Plaintiff is reminded of his continuing obligation to notify the court of changes of address. The court shall order the clerk to change Plaintiff's address. In the future, however, Plaintiff shall promptly notify the clerk of any changes of address.
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. Because 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 ORDERED:
The clerk shall change Plaintiff's address to the address he has listed in the signature block of his notice of voluntary dismissal.
And it is respectfully RECOMMENDED:
That Plaintiff's notice of dismissal (Doc. 18) be GRANTED and this case be DISMISSED without prejudice.
At Pensacola, Florida.
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).