Citation Codes Equivalent Citations citation codes Docket Number Civil No. 05-923-DRH. Judges David R. Herndon See more information ... Smart Summary Please sign up to generate summary. MARVIN RHODEN, Plaintiff, v. WILLARD O. ELYEA, et al., Defendants. MEMORANDUM AND ORDER DAVID HERNDON, District Judge On February 15, 2006, Plaintiff moved this Court for voluntary dismissal of the action pursuant to Rule 41(a)(1)(I) of the Federal Rules of Civil Procedure (Doc. 6). Voluntary withdrawal of his complaint is Plaintiff's right prior to an answer from defendant, and, accordingly, this action is DISMISSED WITHOUT PREJUDICE. The Clerk shall CLOSE THIS CASE. IT IS SO ORDERED.