YVETTE KANE, Chief District Judge.
On September 12, 2011, Plaintiff Joel Brett Smith ("Smith") filed this civil rights action pursuant to 42 U.S.C. § 1983. At the time, Smith was incarcerated at the State Correctional Institution at Chester, Pennsylvania, but has since been released from prison. In the complaint he names as defendants various employees at the York Count Prison, Pennsylvania, his former place of confinement. Presently pending is Smith's "Motion to Withdraw Claim." (Doc. No. 24.) This filing will be construed as a motion to voluntarily dismiss this action pursuant to Federal Rule of Civil Procedure 41(a)(2). The motion will be granted and, for the reasons that follow, the dismissal will be with prejudice.
I. Procedural Background
This matter proceeds on an amended complaint. (Doc. No. 13.) In the amended complaint Smith names York County Prison employees Warden Mary E. Sabol, Captain Dairyman and Correctional Officer Raffinsburger as defendants. He claims that on or about January 14, 2010, he informed Defendants Dairyman and Raffinsburger about problems between himself and two other inmates confined at the York County Prison that would lead to physical violence. Defendants informed Smith that "there will be no problems and for [Plaintiff] not to worry that it will be taken care of." (Doc. No. 13 at 1.) After informing Defendants of his concerns, Smith alleges that he was assaulted by the two inmates he complained about, and suffered injuries and physical pain. He further maintains that responsibility for this incident should also be placed on Mary Sabol because Dairyman and Raffinsburger are her employees.
On June 1, 2012, Defendants filed a motion to dismiss the complaint. (Doc. No. 16.) Following briefing, the motion was granted in part and denied in part on December 6, 2012. The motion was granted to the extent that all claims set forth against Defendant Sabol were dismissed. The motion was denied in all other respects and the remaining two (2) Defendants were directed to submit an answer to the amended complaint. (Doc. No. 21.) An answer was thereafter filed on December 26, 2012. (Doc. No. 22.) Discovery is currently taking place. Dispositive motions are due on July 19, 2013. (Doc. No. 23.) On May 9, 2013, Smith filed the pending motion seeking to withdraw his claim. (Doc. No. 24.) In the motion he states that he no long seeks to continue with this action in that he does not have the funds to retain an attorney and does not have the education necessary to proceed.
The Court will construe Smith's "Motion to Withdraw Claim" (Doc. No. 24) as a request for the voluntary dismissal of this action. Due to the procedural posture of this matter, the dismissal shall be pursuant to Fed.R.Civ.P. 41(a)(2), and will be with prejudice. Rule 41 which addresses the dismissal of actions provides as follows:
(a) Voluntary Dismissal.
(1) By the Plaintiff.
(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without court order by filing:
(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or
(ii) a stipulation of dismissal signed by all parties who have appeared.
(B) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.
(2) By Court Order; Effect. Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper.... Unless the order states otherwise, a ...