In Evers v. Davis, 86 N.J.L. 196, this court said, "a defendant although he cannot be heard to say that it was not his duty to obey the statute, may show what he did in his effort to obey it, leaving it to the jury to say whether such effort was what a reasonably prudent person would have done in view of the statute."Summary of this case from Henry v. Ehrlich Transfer Trucking Co., Inc.
June 4, 2007
Pursuant to Rule 41(a), Federal Rules of Civil Procedure, plaintiff requests that the above entitled action be dismissed without prejudice. Plaintiff's complaint has not been served because he did not pay his initial partial filing fee. His request to dismiss the above entitle action will be granted.
IT IS ORDERED that plaintiff's request to voluntarily dismiss the above entitled matter without prejudice is GRANTED.
IT IS FURTHER ORDERED that judgment be entered DISMISSING plaintiff's complaint and all claims contained therein without prejudice.