Opinion
CIVIL ACTION NO. 1: 16-CV-825-WKW [WO]
11-02-2016
JAMES ROBINSON, Plaintiff, v. TYLER ELLIOTT, et al., Defendants.
RECOMMENDATION OF THE MAGISTRATE JUDGE
This 42 U.S.C. § 1983 action is pending before the court on a complaint filed by James Robinson challenging the constitutionality of his arrest on November 8, 2014. On October 31, 2016, the plaintiff filed a motion seeking dismissal of this case (Doc. 7).
Upon consideration of the plaintiff's motion to dismiss, the court concludes that this motion is due to be granted. Furthermore, since the defendants have filed no responsive pleading addressing the claims raised in the complaint, the court finds that this case should be dismissed without prejudice. See Rule 41(a)(1), Fed. R. Civ. P.
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:
1. The plaintiff's motion to dismiss be GRANTED.
2. This case be DISMISSED without prejudice.
3. No costs be taxed herein.
It is further ORDERED that on or before November 16, 2016 the plaintiff may file objections to the Recommendation. The plaintiff must specifically identify the factual findings and legal conclusions in the Recommendation to which objection is made; frivolous, conclusive, or general objections will not be considered. Failure to file written objections to the Magistrate Judge's findings and recommendations in accordance with the provisions of 28 U.S.C. § 636(b)(1) shall bar a de novo determination by the District Court of legal and factual issues covered in the Recommendation and waives the right of the plaintiff to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. 11th Cir. R. 3-1; Resolution Trust Co. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993); Henley v. Johnson, 885 F.2d 790, 794 (11th Cir. 1989).
DONE this 2nd day of November, 2016.
/s/ Gray M. Borden
UNITED STATES MAGISTRATE JUDGE