Jones v. Ellington et al (INMATE 2)
||Andre Deon Jones
||Edward Ellington, T. Myrick, James Kelly, Brenda King, J. Wiggins, J. Morris and Nurse Mitchell
||January 11, 2017
||US District Court for the Middle District of Alabama
||Terry F. Moorer
||William Keith Watkins
|Nature of Suit:
|Cause of Action:
||42 U.S.C. § 1983
|Jury Demanded By:
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|July 19, 2017
ORDER: Plaintiff, a state inmate, filed this 42 U.S.C. 1983 complaint on January 11, 2017. Prior to service of the complaint, Plaintiff filed a motion (Doc. # 25 ) wherein he requests dismissal of this case. The court construes the motion as a n otice of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), which permits voluntary dismissal by a plaintiff "before the opposing party serves either an answer or a motion for summary judgment[.]" Under Fed. R. Civ.P. 41(a)(1)(B), such d ismissal is "without prejudice." Because the notice of dismissal comports with Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Andre Deon Jones's claims against Defendants Edward Ellington, T. Myrick, James Kelly, Brenda King, J. Wiggins, J. Morris, and Nurse Mitchell have been dismissed by operation of Rule 41(a)(1). The Clerk of the Court is DIRECTED to close this case. Signed by Chief Judge William Keith Watkins on 7/19/2017. (kh, )
|June 30, 2017
ORDER: On March 30, 3017, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 24 .) Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED that the Reco mmendation (Doc. # 24 ) is ADOPTED. Accordingly, it is ORDERED that Plaintiff's motion for preliminary injunction (Doc. # 1 ) is DENIED and that this case is referred back to the Magistrate Judge for additional proceedings. Signed by Chief Judge William Keith Watkins on 6/30/2017. (kh, )
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