Fredricks v. Correction Officer John Doe

Background

Nigel V. Fredricks originally filed the action without a lawyer on October 8, 2021. He alleged violations of his constitutional rights while incarcerated. The caption names Dr. Lionel Desrochas and other defendants. The court later referred the case to Magistrate Judge Sarah L. Cave for general pretrial matters and dispositive motions.

Two motions to dismiss were pending when Fredricks filed letters on November 4 and 6, 2024. The first requested more time to oppose the motions. The second appeared to indicate that Fredricks intended to voluntarily dismiss the action. The motions to dismiss were terminated on November 12, 2024. That same day, Magistrate Judge Cave issued a Report and Recommendation advising that the November 6 letter be treated as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41 and recommending dismissal of the action.

Review of the Recommendation

The Report and Recommendation gave the parties fourteen days to object and warned that failing to object on time would waive the right to object. No objections or extension request had been filed by the date of the order. The court therefore stated that Fredricks had waived the right to object to the recommendation or obtain appellate review. Even so, the court independently reviewed the recommendation and found it well-reasoned and supported by the facts and law.

Ruling

Judge Clarke adopted the Report and Recommendation in its entirety and dismissed the action without prejudice under the federal rule governing voluntary dismissal. The Clerk of Court was directed to mail Fredricks a copy of the order and close the case.