Fraly v. Macomb Correctional Facility Medical Staff et al, No. 2:2022cv10576 - Document 17 (E.D. Mich. 2024)
Court Description: OPINION and ORDER Granting the Motion for Voluntary Dismissal. Signed by District Judge Denise Page Hood. (LSau)
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Fraly v. Macomb Correctional Facility Medical Staff et al Doc. 17 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BUCK A. FRALY, Plaintiff, Case Number 2:22-CV-10576 HONORABLE DENISE PAGE HOOD UNITED STATES DISTRICT JUDGE v. MACOMB CORRECTIONAL FACILITY MEDICAL STAFF, ET. AL., Defendants, _____________________________________/ OPINION AND ORDER GRANTING THE MOTION (ECF No. 13) FOR VOLUNTARY DISMISSAL Buck A. Fraly, (“Plaintiff”), confined at the Macomb Correctional Facility in New Haven, filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff has now sent a letter to this Court, requesting to voluntarily dismiss his complaint. For the reasons stated below, the motion for voluntary dismissal is granted and the complaint is DISMISSED WITHOUT PREJUDICE. I. DISCUSSION Fed.R.Civ.P. 41(a) 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. See also Doran v. McGinnis, 158 F.R.D. 383, 389 (E.D. Mich. 1994). Plaintiff is entitled to a voluntary dismissal of 1 Dockets.Justia.com the civil rights complaint, in light of the fact that the defendants have not filed an answer to the complaint or motions to dismiss or for summary judgment. Id. IT IS ORDERED THAT the complaint is DISMISSED WITHOUT PREJUDICE. Dated: January 23, 2024 s/Denise Page Hood HON. DENISE PAGE HOOD UNITED STATES DISTRICT JUDGE 2
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