REPORT AND RECOMMENDATION
Plaintiff, a state prisoner appearing pro se, initiated this lawsuit pursuant to 42 U.S.C. § 1983. Before the Court is Plaintiff's Motion to Voluntarily Dismiss. Doc. No. 8. The matter has been referred to the undersigned Magistrate Judge for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B). For the reasons set forth herein, the undersigned recommends Plaintiff's Motion be granted.
In his Motion, Plaintiff specifically requests to dismiss his lawsuit “at this time.” Doc. No. 8 at 1. As no parties have been served and therefore no answer or motion for summary judgment has been filed by a defendant, Plaintiff's filing operates as a dismissal of his lawsuit under Fed.R.Civ.P. 41(a)(1)(A)(i). Thus, the Court should grant Plaintiff's Motion and consider the case dismissed as of October 28, 2022, upon the filing of his current Motion.
RECOMMENDATION
Based on the foregoing findings, it is recommended Plaintiff's Motion to Voluntarily Dismiss (Doc. No. 8) be granted and this action be dismissed without prejudice. Plaintiff is advised of the right to file an objection to this Report and Recommendation with the Clerk of this Court by November 21st , 2022, in accordance with 28 U.S.C. § 636 and Fed.R.Civ.P. 72. The failure to timely object to this Report and Recommendation would waive appellate review of the recommended ruling. Moore v. United States, 950 F.2d 656 (10th Cir. 1991); cf. Marshall v. Chater, 75 F.3d 1421, 1426 (10th Cir. 1996) (“Issues raised for the first time in objections to the magistrate judge's recommendation are deemed waived.”).
This Report and Recommendation disposes of all issues referred to the undersigned Magistrate Judge in the captioned matter, and any pending motion not specifically addressed herein is deemed denied.