GHOLSTON v. OLIVER

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION DEANTE GHOLSTON, Plaintiff, CIVIL ACTION NO. v. 5:23-cv-00063-TES-CHW Commissioner TYRONE OLIVER, Defendant. ORDER OF DISMISSAL Before the Court is Plaintiff Deante Gholston’s Motion to Voluntarily Dismiss his Complaint [Doc. 24]. The Georgia Department of Corrections does not oppose the voluntary dismissal. In accordance with Smith v. Williams, the Court treats Petitioner’s motion as a “self-executing notice of dismissal under [Federal Rule of Civil Procedure] 41.” 67 F.4th 1139, 1140 (11th Cir. 2023). Rule 41(a)(1) “entitles a plaintiff to voluntarily ‘dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.’” Id. (quoting Fed. R. Civ. P. 41(a)(1)). This notice is “effective immediately upon filing” and deprives the Court of jurisdiction. Smith, 67 F.4th at 1140–41 (first quoting Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1277 (11th Cir. 2012); and then quoting Absolute Activist Value Master Fund Ltd. v. Devine, 998 F.3d 1258, 1265 (11th Cir. 2021)). Accordingly, the Court GRANTS Plaintiff’s Motion to Voluntarily Dismiss [Doc. 24] and DISMISSES Plaintiff’s Complaint [Doc. 1] without prejudice pursuant to Rule 41(a)(1). As a result, the Court TERMINATES as moot the magistrate judge’s Report and Recommendation [Doc. 23] and Defendant’s First Motion to Dismiss [Doc. 14]. SO ORDERED, this 2nd day of January, 2024. S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT