Opinion
CIVIL ACTION NO. 14-0076-BAJ-RLB
07-22-2014
RONNIE L. COUSIN (#89334) v. TIM DELANEY, ET AL.
ORDER
This matter comes before the Court on the plaintiff's Notice of Correction (Rec. Doc. 14), which the Court interprets to be a Notice of Voluntary Dismissal filed pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure relative a defendant identified in the Complaint as "Mr. Lemoine." It has been recognized by the courts that the filing of a Notice of Voluntary Dismissal under this Rule effects a dismissal of the claim or defendant without further action by the Court. See Perkins v. Johnson, 118 Fed. Appx. 824 (5 Cir. 2004) (finding that "[u]nder Fed.R.Civ.P. 41(a), the voluntary dismissal of an action completely terminates the litigation, without further order by the district court"). See also Plains Growers, Inc., By and Through Florists' Mutual Insurance Co. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 255 (5 Cir. 1973) (applying Rule 41(a) in the context of the voluntary dismissal of fewer than all defendants). Accordingly,
IT IS ORDERED that the plaintiff's Notice of Correction (Rec. Doc. 14) be and it is hereby interpreted to be a Notice of Voluntary Dismissal filed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), and the Clerk of Court is directed to terminate "Mr. Lemoine" as a defendant in this proceeding, without prejudice.
Signed in Baton Rouge, Louisiana, on July 22, 2014.
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RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE