Citation Codes Equivalent Citations citation codes Docket Number No. 5:11-CT-3043-D. Motions Motion to dismiss : Granted Acts The Public Health And Welfare — Civil Rights — Generally — Civil Action For Deprivation Of Rights See more information ... Smart Summary Please sign up to generate summary. MICHAEL SCOTT PERKINSON, Plaintiff, v. PETER WHITE et al., Defendants. ORDER JAMES DEVER III, District Judge On March 2, 2011, Michael Scott Perkinson ("Perkinson" or "plaintiff") filed this action pursuant to 42 U.S.C. § 1983 [D.E. 1]. On April 27, 2011, Perkinson filed a motion to dismiss this action [D.E. 8]. A plaintiff may dismiss an action voluntarily, without an order ofthe court, by filing a notice of dismissal at any time before the opposing party serves either an answer or a motion for summary judgment. See Fed.R.Civ.P. 41(a)(1)(A)(i). No defendants have filed an answer or a motion for summary judgment. Thus, the court will allow the voluntary dismissal. Perkinson's motion for dismissal without prejudice [D.E. 8] is ALLOWED. The Clerk of Court is DIRECTED to close this case. SO ORDERED.