Gray v. Henderson

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION

LINWOOD GRAY,

Plaintiff, v. Case No: 5:21-cv-285-PGB-PRL DON HENDERSON and JANE DOE,

Defendants.

ORDER

Plaintiff, who is proceeding pro se, initiated this action on May 24, 2021 and sought leave to proceed in forma pauperis. (Docs. 1, 2). The Court took Plaintiff’s motion to proceed in forma pauperis under advisement and gave him additional time to either submit a complete financial affidavit or pay the filing fee. (Doc. 5). Instead, Plaintiff now seeks leave to voluntarily withdraw his civil suit. (Doc. 8).

Rule 41(a)(1), Federal Rules of Civil Procedure, “grants a plaintiff an unconditional right to dismiss his complaint by notice and without an order of the court at any time prior to the defendant’s service of an answer or a motion for summary judgment.” Matthews v. Gaither, 902 F.2d 877, 880 (11th Cir. 1990). Such a dismissal is effective immediately upon the filing of a written notice of dismissal, with no subsequent order required. Id. The fact that Plaintiff’s notice of dismissal is styled as a “motion to withdraw of civil suit,” rather than “notice of dismissal” is without consequence. Id.

Accordingly, Plaintiff’s complaint (Doc. 1) is dismissed. The Clerk shall terminate all pending motions and close the file.

DONE and ORDERED in Ocala, Florida on June 18, 2021.

PHILIP R. LAMMENS

United States Magistrate Judge Copies furnished to:

Counsel of Record

Unrepresented Parties