GUESS v. WHEELER et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
SHAWN GUESS, 	:
:
Plaintiff, 	: 	Case No. 5:25-CV-00427-CAR-CHW
:
v. 	:
:
STEVEN WHEELER, et al., 	:
:
Defendants. 	:
ORDER
Pro se Plaintiff Shawn Guess filed a complaint pursuant to 42 U.S.C. § 1983. ECF
No. 1. He has now filed a motion requesting that this case be dismissed without prejudice
so that he may refile later with the assistance of retained counsel. ECF No. 6. 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 required to dismiss this action, and Plaintiff is
automatically entitled to voluntary dismissal. 	Accordingly, Plaintiff’s request to dismiss
(ECF No. 6) is GRANTED and this civil action is DISMISSED without prejudice.
SO ORDERED, this 16th day of December, 2025.
s/ C. Ashley Royal
C. ASHLEY ROYAL, JUDGE
UNITED STATES DISTRICT COURT
Case 5:25-cv-00427-CAR-CHW Document 7 Filed 12/16/25 Page 1 of 1