Morganflash v. Doe

JUSTIN L. QUACKENBUSH SENIOR UNITED STATES DISTRICT JUDGE

ORDER ADOPTING REPORT AND RECOMMENDATION; ORDER TO DISMISS ACTION

Magistrate Judge Rodgers filed a Report and Recommendation on September 17, 2015, recommending Mr. Morganflash's Motion to Voluntarily Dismiss Complaint, ECF No. 6, be granted. By Order filed August 24, 2015, Magistrate Judge Rodgers had directed Plaintiff to comply with 28 U.S.C. § 1915(a)(2) by submitting a certified copy of his trust fund account statement (or institutional equivalent) for the 6 months immediately preceding the filing of the complaint. Rather than comply, Plaintiff submitted a letter asking that his § 1983 action not be filed. The Court liberally construed this request as a Motion to Voluntarily Dismiss.

There being no objections, the Court ADOPTS the Report and Recommendation. IT IS ORDERED the Motion, ECF No. 6 is GRANTED and this action shall be DISMISSED without prejudice.

IT IS SO ORDERED. The District Court Executive is directed to enter this Order, enter judgment of dismissal of this action without prejudice, forward a copy to Plaintiff, and close the file.

DATED this 1 day of October 2015.

s/ Justin L. Quackenbush

JUSTIN L. QUACKENBUSH

SENIOR UNITED STATES DISTRICT JUDGE