Opinion
C/A No. 8:14-cv-02664-BHH-JDA
04-10-2015
Deborah V. Hubbard., a/k/a Deborah Videtto Hubbard, a/k/a Deborah Hubbad-Sarvis Plaintiff, v. Amelia Williams, Lt. T. Bookman, Defendants.
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE
This matter is before the Court on a motion to dismiss without prejudice filed by Plaintiff. [Doc. 50.] Plaintiff is proceeding pro se and brings this civil rights action pursuant to 42 U.S.C. § 1983. [Docs. 1, 5.] Pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(d), D.S.C., this magistrate judge is authorized to review all pretrial matters in cases filed under 42 U.S.C. § 1983 and to submit findings and recommendations to the District Court.
Also pending before the Court is a motion for summary judgment filed by Defendants [Doc. 24], a motion for summary judgment filed by Plaintiff [Doc. 27], and a motion for permanent injunction filed by Plaintiff [Doc. 28].
DISCUSSION
On April 3, 2015, Plaintiff filed a motion to dismiss the Complaint without prejudice. [Doc. 50.] On April 7, 2015, Defendants filed a response in support of Plaintiff's motion, indicating Defendants consent to a dismissal without prejudice. [Doc. 51.]
Under the Federal Rules of Civil Procedure, a plaintiff may request the court to dismiss his action. Fed. R. Civ. P. 41(a)(2). The court may dismiss the action "on terms that the court considers proper." Id. Unless the court orders otherwise, dismissal of an action at the plaintiff's request is without prejudice. Id. Here, because Defendants have consented to the dismissal of this action, the Court recommends Plaintiff's motion be granted.
The Court notes that Plaintiff states she is seeking dismissal because she claims she is missing records, she has been transferred to a new prison, her health continues to deteriorate, she is wary of additional retaliation, and she feels has been treated unequally. [Doc. 50.] However, Plaintiff has voluntarily requested that her case be dismissed without prejudice, and, accordingly, the Court finds it is proper to do so. See Davis v. USX Corp., 819 F.2d 1270, 1273 (4th Cir.1987) (finding that the purpose of Rule 41(a)(2) is to allow freely for voluntary dismissals "unless the parties will be unfairly prejudiced.").
--------
CONCLUSION
Wherefore, based upon the foregoing, the Court recommends Plaintiff's motion to dismiss [Doc. 50] be GRANTED; and Defendants' motion for summary judgment [Doc. 24], Plaintiff's motion for summary judgment [Doc. 27], and Plaintiff's motion for permanent injunction [Doc. 28] be FOUND AS MOOT, and the Complaint be dismissed without prejudice.
IT IS SO RECOMMENDED.
S/ Jacquelyn D. Austin
United States Magistrate Judge
April 10, 2015
Greenville, South Carolina