Colvin v. United States of America (INMATE 3), No. 2:2016cv00452 - Document 26 (M.D. Ala. 2018)

Court Description: OPINION AND ORDER: it is ORDERED that: 1) Petitioner's 20 motion for voluntary dismissal without prejudice is granted; 2) This action is dismissed without prejudice under FRCP 41(a)(2); This case is closed. Signed by Honorable Judge Myron H. Thompson on 7/26/2018. (Attachments: # 1 Civil Appeals Checklist)(alm, )

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Colvin v. United States of America (INMATE 3) Doc. 26 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION COURTNEY COLVIN, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:16cv452-MHT (WO) OPINION AND ORDER Petitioner has filed a motion for voluntary dismissal of this 28 U.S.C. § 2255 action under Rule 41(a)(2) of the Federal Rules of Civil Procedure. Dismissal without prejudice under Rule 41(a)(2) at the request of petitioner is committed to the sound discretion of the district court, although in most cases a dismissal should be granted absent clear legal prejudice to defendants. See McCants v. Ford Motor Company, Inc., 781 F.2d 855, 856–57 (11th Cir. 1986). Simple litigation costs, inconvenience to the opposing Dockets.Justia.com parties, and the prospect of a second or subsequent lawsuit do not constitute clear legal prejudice. See id. at 857. The court has reviewed the file in this case and determined existence that of respondent clear legal has not demonstrated prejudice. The the court, therefore, concludes this action should be dismissed without prejudice. *** Accordingly, it is ORDERED that: (1) Petitioner’s motion for voluntary dismissal without prejudice (doc. no. 20) is granted. (2) This action is dismissed without prejudice under Federal Rule of Civil Procedure 41(a)(2). This case is closed. DONE, this the 26th day of July, 2018. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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