Barnett v. The GOP (MAG+), No. 2:2016cv00638 - Document 8 (M.D. Ala. 2016)
Court Description: MEMORANDUM OPINION AND ORDER: Accordingly, the court construes Plaintiff's response to the Magistrate Judges order (Doc. # 7 ) as containing a motion to dismiss pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.2Further, it is O RDERED that Plaintiff's motion to dismiss (Doc. # 7 ) isGRANTED, and that all of Plaintiff's claims against Defendant The GOP, alsoknown as The Grand Old Party, also known as The Party of Lincoln, also known asThe National Republican Party, are DISMISSED without prejudice, with eachparty to bear his or its own costs. Signed by Chief Judge William Keith Watkins on 11/21/2016. (kh, )
Download PDF
<![CDATA[
Barnett v. The GOP (MAG+) Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION KENNETH WAYNE BARNETT, Plaintiff, v. The GOP, also known as The Grand Old Party, also known as The Party of Lincoln, also known as The National Republican Party, Defendant. ) ) ) ) ) ) ) CASE NO. 2:16-CV-638-WKW ) (WO) ) ) ) ) ) ) ) MEMORANDUM OPINION AND ORDER Before the court is Plaintiff’s October 7, 2016 response (Doc. # 7) to the Magistrate Judge’s September 26, 2016 Order.1 In the response, Plaintiff gave notice that if, on or before October 21, 2016, the court did not declare null and void the Republican Party’s nomination of Donald Trump as candidate for President of the United States, Plaintiff wished to dismiss this lawsuit. (Doc. # 7.) Defendant was served, but did not answer or otherwise appear. Plaintiff did not seek default judgment or move for a temporary restraining order pursuant to Federal Rule of 1 Plaintiff filed the document in response to the Magistrate Judge’s September 26, 2016 Order requiring Plaintiff to “indicate if he intends to follow up on service on the defendant or whether he wishes to voluntarily dismiss this lawsuit pursuant to Fed. R. Civ. P 41(a)(1).” (Doc. # 6 at 2.) Dockets.Justia.com Civil Procedure 65(b). Because the case was not in a procedural posture to allow for a ruling, no ruling was issued as to Plaintiff’s requested relief. Accordingly, the court construes Plaintiff’s response to the Magistrate Judge’s order (Doc. # 7) as containing a motion to dismiss pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.2 Further, it is ORDERED that Plaintiff’s motion to dismiss (Doc. # 7) is GRANTED, and that all of Plaintiff’s claims against Defendant The GOP, also known as The Grand Old Party, also known as The Party of Lincoln, also known as The National Republican Party, are DISMISSED without prejudice, with each party to bear his or its own costs. DONE this 21st day of November, 2016. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2 Under Rule 41(a)(1)(i) of the Federal Rules of Civil Procedure, “dismissal is effective immediately upon the filing of a written notice of dismissal, and no subsequent court order is required.” Matthews v. Gaither, 902 F.2d 877, 880 (11th Cir. 1990). Because Plaintiff’s request for dismissal was contingent on future events and clearly was not intended to immediately terminate the case, the request for dismissal is not construed as a notice of dismissal pursuant to Rule 41(a)(1)(i). 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
