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Crawford v. While

United States District Court, M.D. Pennsylvania

September 30, 2014

ANTONIO CRAWFORD, Plaintiff,
v.
LT. WHILE, et al., Defendants.

REPORT AND RECOMMENDATION

MARTIN C. CARLSON, Magistrate Judge.

I. Statement of Facts and of the Case

This is a pro se prisoner lawsuit which has been filed recently but has not yet been served upon the defendants. The plaintiff has now filed a motion to dismiss two defendants named in his complaint, Defendants Stage and Mink. (Doc. 14.) For the reasons set forth below, we believe that the plaintiff is entitled to request that these defendants be dismissed. Therefore, it is recommended that these defendants be dismissed from this action.

II. Discussion

Rule 41(a)(1)(A)(I) of the Federal Rules of Civil Procedure 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 a court order by filing:
(I) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.
....
(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.

F.R.Civ. P., Rule 41(a)(1).

In this case it appears that no answer or summary judgment motion has been filed. Therefore, Crawford should be permitted under Rule 41 to dismiss ...


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