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Harris v. Yelder

United States District Court, M.D. Alabama, Northern Division

June 3, 2014

FREDRICK HARRIS, #202 390, Plaintiff,
v.
OFFICER YELDER, et al., Defendants.

ORDER

W. HAROLD ALBRITTON, Senior District Judge.

This is the lead case in three cases, including additionally 2:13-cv-864 and 2:13-cv-894. The consolidated cases are before the court on the Recommendation of the Magistrate Judge (Doc. # 30), entered on April 28, 2014, to which no timely objection has been filed.

The Magistrate Judge ordered that all Motions to Dismiss (Docs. # 10, 22, 23, 24, 26, 28) in this numbered case be treated as Notices of Dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i), allowing a plaintiff to file "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment" in order to voluntarily dismiss an action without a court order. This would also apply to Doc. # 11 in Case No. 2:13-cv-864, filed on February 12, 2014, before the consolidation, and the court so orders.

The court adopts the Recommendation of the Magistrate Judge (Doc. # 30), and it is ORDERED as follows:

1. These consolidated cases are DISMISSED without prejudice, pursuant to notice under Federal Rule of Civil Procedure Rule 41(a)(1)(A)(i).
2. All other pending motions are DENIED as moot.

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