MATHIS v. FLORIDA DEPARTMENT OF CORRECTIONS
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
Reference
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