DUNN v. MOULTON et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
CAREY T. DUNN, :
:
Plaintiff, :
: Case No. 5:25-cv-00341-TES-CHW
v. :
:
Sheriff MATTHEW MOULTON, :
et al., :
:
Defendants. :
_________________________________
ORDER
Pro se Plaintiff Carey Dunn, a prisoner in the Houston County Detention Center in
Perry, Georgia filed this 42 U.S.C. § 1983 civil rights claim. ECF No. 1. Plaintiff also
requested leave to proceed in forma pauperis. ECF No. 3. Plaintiff’s motion to proceed in
forma pauperis was granted and he was ordered to recast his complaint. ECF No. 4.
Plaintiff has now filed a document in which he requests that this civil action be dismissed
without prejudice. ECF No. 9.
Rule 41 of the Federal Rules of Civil Procedure provides that a “…plaintiff may
dismiss an action without a court order by filing: (i) a notice of dismissal before the
opposing party serves either an answer or a motion to summary judgment, or (ii) a
stipulation of dismissal signed by all parties who have appeared.” Fed. R. Civ. P.
41(a)(1)(A). Because no defendant has been served in the case, leave of court is not
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required to dismiss this action, and Plaintiff is automatically entitled to voluntary
dismissal.
Accordingly, Plaintiff’s request to dismiss this civil action (ECF No. 9) is
GRANTED, and this case is DISMISSED without prejudice.
SO ORDERED, this 18th day of November, 2025.
S/ Tilman E. Self, III
TILMAN E. SELF, III, JUDGE
UNITED STATES DISTRICT COURT
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