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Wilson v. Poor

United States District Court, Western District of Washington
Feb 26, 2021
C19-5920 BHS-TLF (W.D. Wash. Feb. 26, 2021)

Opinion

C19-5920 BHS-TLF

02-26-2021

MARIO WILSON, Plaintiff, v. POOR, Defendants.


REPORT AND RECOMMENDATION

Theresa L. Fricke United States Magistrate Judge

This matter comes before the Court on plaintiff's filing of a Motion for Voluntary Dismissal without Prejudice. Dkt. 26.

On January 10, 2021, plaintiff filed the instant Motion seeking to withdraw his 28 U.S.C § 1983 complaint. Plaintiff has informed the Court that he seeks to withdraw his claims to re-file at a later period, as he is currently hindered by the circumstances of the COVID-19 pandemic in his corrections facility from pursuing his litigation thoroughly. (Dkt. 3.) The undersigned interprets this Motion to Withdraw as requesting that plaintiff's action be voluntarily dismissed.

Pursuant to Federal Rule of Civil Procedure 41(a)(1) a plaintiff may voluntarily dismiss an action without prejudice by filing a notice of dismissal before the defendant serves an answer or motion for summary judgment. However, if the plaintiff has previously dismissed any federal or state court action based on or including the same claim, the notice of dismissal operates as an adjudication on the merits. Fed. R. Civ. P.

41(a)(1)(B). The defendant responded (Dkt. 27) and indicated no opposition to plaintiff's voluntary nonsuit. Therefore, plaintiff may voluntarily dismiss this action without prejudice. The undersigned recommends that the Court grant plaintiff's motion (Dkt. 26) and dismiss the action without prejudice.

The parties have fourteen (14) days from service of this Report and Recommendation to file written objections thereto. 28 U.S.C. § 636(b)(1); Federal Rule of Civil Procedure (FRCP) 72(b); see also FRC P 6. Failure to file objections will result in a waiver of those objections for purposes of appeal. Thomas v. Arn, 474 U.S. 140 (1985). Accommodating the time limit imposed by Fed.R.Civ.P. 72(b), the Clerk is directed set this matter for consideration on March 12, 2021, as noted in the caption.


Summaries of

Wilson v. Poor

United States District Court, Western District of Washington
Feb 26, 2021
C19-5920 BHS-TLF (W.D. Wash. Feb. 26, 2021)
Case details for

Wilson v. Poor

Case Details

Full title:MARIO WILSON, Plaintiff, v. POOR, Defendants.

Court:United States District Court, Western District of Washington

Date published: Feb 26, 2021

Citations

C19-5920 BHS-TLF (W.D. Wash. Feb. 26, 2021)