Malott v. D'Angelo

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

MICHAEL MALOTT,

Plaintiff, Case No. 19-cv-12633

v. U.S. DISTRICT COURT JUDGE GERSHWIN A. DRAIN JODI D’ANGELO, ET. AL.,

Defendants. ______________ / OPINION AND ORDER GRANTING THE MOTION FOR VOLUNTARY DISMISSAL [#16] Plaintiff Michael Malott, presently confined at the Macomb Correctional Facility in New Haven, Michigan, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff has now filed a motion for voluntary dismissal pursuant to Federal Rules of Civil Procedure 41(a). For the reasons stated below, the motion for voluntary dismissal is granted and the complaint is DISMISSED WITHOUT PREJUDICE. I. DISCUSSION Federal Rule of Civil Procedure 41 provides that a plaintiff may dismiss an action without order of court by filing a notice of dismissal before service by the adverse party of an answer or motion for summary judgment. Fed. R. Civ. P. 41(a); see also Doran v. McGinnis, 158 F.R.D. 383, 389 (E.D. Mich. 1994). Here, Plaintiff is entitled to a voluntary dismissal of his civil rights complaint, as Defendants have not filed an answer to the complaint, a motion to dismiss, or a motion for summary

judgment. Id. Based upon the foregoing, the motion for voluntary dismissal is GRANTED and the complaint is DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.

Dated: October 31, 2019 s/Gershwin A. Drain HON. GERSHWIN A. DRAIN United States District Court Judge

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, October 31, 2019, by electronic and/or ordinary mail.

s/Teresa McGovern Case Manager