MAX O. COGBURN, JR., United States District Judge:
THIS MATTER is before the court upon plaintiff's Motion to Dismiss Action Without Prejudice. Defendant has also filed a pleading captioned "Defendant's Limited Appearance Pursuant to Rule 12(b)(5) and 12(b)(6) to Dismiss," which the Clerk of this court has deemed to be a motion, but which does not contain a prayer for affirmative relief or citations of law. In common with both plaintiff's and defendant's pleadings is a request for dismissal of this action. Defendant contends that plaintiff has sued and served the wrong defendant, i.e., Nationwide Insurance Company instead of Nationwide Life Insurance Company. Plaintiff concurs with defendant's conclusion, but asks that the dismissal be without prejudice, inasmuch as the action has been re-filed in a state forum against the proper defendant and an additional, nondiverse defendant. Defendant has interposed no objection to dismissal without prejudice, and it appears to the court that dismissal without prejudice is an appropriate course of action because the merits of this matter have not been reached in this proceeding. Fed.R.Civ.P. 41.
RECOMMENDATION
IT IS, THEREFORE, RESPECTFULLY RECOMMENDED that plaintiff's Motion to Dismiss Action Without Prejudice (#4) be ALLOWED, and that this action be DISMISSED without prejudice.
The parties are hereby advised that, pursuant to 28, United States Code, Section 636(b)(1)(C), written objections to the findings of fact, conclusions of law, and recommendation contained herein must be filed within ten (10) days of service of same. Failure to file objections to this Memorandum and Recommendation with the district court will preclude the parties from raising such objections on appeal. Thomas v. Arn, 474 U.S. 140 (1985), reh'q denied, 474 U.S. 1111 (1986); United States v. Schronce, 727 F.2d 91 (4th Cir.), cert. denied, 467 U.S. 1208 (1984).