Gibson v. Stearns

CHARLES J. KAHN, JR. UNITED STATES MAGISTRATE JUDGE

This matter is before the court upon referral from the clerk. On June 11, 2015, plaintiff filed a motion to dismiss. (Doc. 15). The court conditionally construed plaintiff's motion as a notice of voluntary dismissal. (Doc. 16). The court advised plaintiff that if he did not intend to voluntarily dismiss his claims, he should, within twenty-one days, file a notice with the court so indicating. (Id.). The court further advised plaintiff that failing to file the notice would result in a recommendation that this case be dismissed pursuant to Federal Rule of Civil Procedure 41. (Id.). To date, plaintiff has not filed a notice with the court indicating he intends to pursue his claims. It thus appears that plaintiff did intend to voluntarily dismiss this action.

Accordingly, it is ORDERED:

1. The clerk shall mail a copy of this Report and Recommendation to plaintiff at 4252 Burbank Drive, Milton, Florida 32583.

And it is respectfully RECOMMENDED:

1. That this action be DISMISSED WITHOUT PREJUDICE.

2. That the clerk be directed to close the file.

At Pensacola, Florida, this 8th day of July, 2015.

/s/ _________

CHARLES J. KAHN
, JR.

UNITED STATES MAGISTRATE JUDGE