Opinion
CV 111-046.
June 20, 2011
ORDER
Plaintiff is proceeding pro se and in forma pauperis ("IFP") in the above-captioned case. On May 16, 2011, the Magistrate Judge screened her complaint pursuant to the IFP statute and issued an Order allowing Plaintiff to proceed with a single claim under the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq. (doc. no. 4), as well as a Report and Recommendation ("R R") in which he recommended dismissing the remainder of her claims for failure to state a claim upon which relief may be granted. (Doc. no. 5.) In lieu of filing objections to the R R, Plaintiff has filed a motion to voluntarily dismiss her case in its entirety. (Doc. no. 7.) As Defendant has not filed an answer or any other responsive pleading in this case, according to Fed.R.Civ.P. 41(a)(1)(i), Plaintiff may dismiss her case without an Order from the Court. Therefore, the Clerk is DIRECTED to DISMISS this civil action without prejudice and to terminate all pending motions.
The Court ordered the United States Marshal to effect service of process on Defendant. (Doc. no. 4, p. 4.) However, there is no indication in the record that service has been accomplished. The CLERK is DIRECTED to serve the United States Marshall with a copy of this Order so that any ongoing efforts to effect service may be discontinued. The CLERK is also DIRECTED to serve Defendant with a copy of this Order at the address provided in Plaintiff's complaint. (Doc. no. 1, p. 1.)
SO ORDERED this 17th day of June, 2011, at Augusta, Georgia.