Outman v. Johnson et al, No. 9:2015cv00609 - Document 24 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER: ORDERED that in accordance with plaintiff's notice (Dkt. No. 22 ) to voluntarily dismiss this action, the Clerk of the Court shall close this case and reflect that the action is voluntarily dismissed without prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. Signed by Chief Judge Glenn T. Suddaby on 12/10/15. (served on plaintiff by regular mail)(alh, )
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Outman v. Johnson et al Doc. 24 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ALAN M. OUTMAN, a/k/a Sara Outman, a/k/a Alan Outman, Plaintiff, v. 9:15-CV-0609 (GTS/DJS) VONDA JOHNSON, et al., Defendants. APPEARANCES: OF COUNSEL: ALAN M. OUTMAN 12-B-3915 Plaintiff, pro se CNY PC PO Box 300 Marcy, NY 13403 HON. ERIC T. SCHNEIDERMAN New York State Attorney General Attorney for Defendants State of New York The Capitol Albany, NY 12224 RYAN W. HICKEY, ESQ. Ass't Attorney General GLENN T. SUDDABY Chief United States District Judge DECISION and ORDER Plaintiff Alan M. Outman commenced this action by filing a pro se complaint for relief pursuant to 42 U.S.C. ยง 1983 together with an application to proceed in forma pauperis. Dkt. No. 1 ("Compl."); Dkt. No. 2 ("IFP Application"). Plaintiff subsequently filed an amended complaint, which is the operative pleading. Dkt. No. 9 ("Am. Compl."). Presently before the Court is plaintiff's motion seeking to voluntarily dismiss this action without prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure ("Rule 41(a)"). Dkt. No. 22. Dockets.Justia.com Rule 41(a) provides in relevant part that a plaintiff "may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(A)(i). Since defendants have not answered or moved for summary judgment, plaintiff is entitled to voluntary dismissal of this action without prejudice, without further order of the court, upon the filing of such a notice. In light of the foregoing, upon the filing of plaintiff's notice requesting to withdraw his complaint, this action was dismissed, without prejudice, and an order of the court was not required in order to implement that dismissal. WHEREFORE, it is hereby ORDERED that in accordance with plaintiff's notice (Dkt. No. 22) to voluntarily dismiss this action, the Clerk of the Court shall close this case and reflect that the action is voluntarily dismissed without prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure; and it is further ORDERED that the Clerk serve a copy of this Decision and Order on the parties. IT IS SO ORDERED. Dated: December 10, 2015 Syracuse, NY ________________________________ Hon. Glenn T. Suddaby Chief U.S. District Judge 2
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