MATHIS v. FLORIDA DEPARTMENT OF CORRECTIONS

United States District Court for the Northern District of Florida

MATHIS v. FLORIDA DEPARTMENT OF CORRECTIONS

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

ISAAC MATHIS,

Plaintiff, vs. Case No. 4:20cv278-MW-MAF FLORIDA DEPARTMENT OF CORRECTIONS, and MARTIN CORRECTIONAL INSTITUTION, Defendants. /

O R D E R Plaintiff, an inmate proceeding pro se, initiated this case in late May 2020, by submitting an in forma pauperis motion, ECF No. 2, and a § 1983 civil rights complaint, ECF No. 1. Noting that Plaintiff’s complaint

concerned events which transpired at Martin Correctional Institution, a Report and Recommendation was entered on June 1, 2020, to transfer this case. ECF No. 4. However, Plaintiff has now filed a notice of voluntary

dismissal pursuant to Rule 41(a). ECF No. 5. Federal Rule of Civil Procedure 41(a)(1)(A)(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 his answer, or files a motion for summary judgment. Plaintiff’s notice of voluntary dismissal is appropriately accepted under Rule 41(a). Although Plaintiff’s notice is

effective without an order, see Fed. R. Civ. P. 41(a)(1)(A), Anago Franchising, Inc. v. Shaz, LLC,

677 F.3d 1272

(11th Cir. 2012), this Order confirms that the case has been dismissed without prejudice. The Clerk

must close the file. Accordingly, it is ORDERED: 1. Plaintiff’s notice of voluntary dismissal, ECF No. 5, filed pursuant

to Rule 41(a)(1)(A)(i), is ACCEPTED. 2. The Report and Recommendation, ECF No. 4, is VACATED. 3. The Clerk of Court shall administratively close this case.

DONE AND ORDERED on June 8, 2020.

S/ Martin A. Fitzpatrick MARTIN A. FITZPATRICK UNITED STATES MAGISTRATE JUDGE

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