Butler v. Kaplan

S.D. Georgia

Butler v. Kaplan

DecidedOctober 6, 2022

Docket4:22-cv-00211

StatusUnknown

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Butler v. Kaplan, (S.D. Ga. 2022).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION

DARRYL PERNELL BUTLER, ) ) Plaintiff, ) ) v. ) CV422-211 ) TARA A. KAPLAN and ) SGT. GILLISON, ) ) Defendants. )

ORDER Currently before the Court is Plaintiff’s Motion to Voluntarily Dismiss Without Prejudice. Doc. 9. A plaintiff may voluntarily dismiss a complaint as a matter of right if the defendant consents to the dismissal or the notice is filed before the defendant serves either an answer or motion for summary judgment. Fed. R. Civ. P. 41(a)(1). A plaintiff's right to file a notice of dismissal under Rule 41(a)(1) before the service of an answer or a motion for summary judgment is “absolute” and “unconditional.” Matthews v. Gaither, 902 F.2d 877, 880 (11th Cir. 1990). Here, no defendant has appeared. See generally docket. Therefore, Plaintiff’s Motion to Dismiss is GRANTED. Doc. 9. His Complaint is DISMISSED, without prejudice.! All pending motions, including the Report and Recommendation entered before the Plaintiff consented to plenary disposition by the undersigned, are DISMISSED, as moot. Docs. 2 & 4. The Clerk of Court is DIRECTED to close this case. SO ORDERED, this 6th day of October, 2022.

CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA

1 Plaintiff consented to plenary disposition of this case by the undersigned United States magistrate judge. See doc. 8; see also 28 U.S.C. § 636(c).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION

DARRYL PERNELL BUTLER, ) ) Plaintiff, ) ) v. ) CV422-211 ) TARA A. KAPLAN and ) SGT. GILLISON, ) ) Defendants. )

ORDER Currently before the Court is Plaintiff’s Motion to Voluntarily Dismiss Without Prejudice. Doc. 9. A plaintiff may voluntarily dismiss a complaint as a matter of right if the defendant consents to the dismissal or the notice is filed before the defendant serves either an answer or motion for summary judgment. Fed. R. Civ. P. 41(a)(1). A plaintiff's right to file a notice of dismissal under Rule 41(a)(1) before the service of an answer or a motion for summary judgment is “absolute” and “unconditional.” Matthews v. Gaither, 902 F.2d 877, 880 (11th Cir. 1990). Here, no defendant has appeared. See generally docket. Therefore, Plaintiff’s Motion to Dismiss is GRANTED. Doc. 9. His Complaint is DISMISSED, without prejudice.! All pending motions, including the Report and Recommendation entered before the Plaintiff consented to plenary disposition by the undersigned, are DISMISSED, as moot. Docs. 2 & 4. The Clerk of Court is DIRECTED to close this case. SO ORDERED, this 6th day of October, 2022.

CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA

1 Plaintiff consented to plenary disposition of this case by the undersigned United States magistrate judge. See doc. 8; see also 28 U.S.C. § 636(c).

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