For more substantive grounds, you must look at the law that governs the plaintiff's claim.X Trustworthy Source Civil Law Help Center Nonprofit law firm dedicated to civil legal services to all people Go to source Keep in mind that some reasons for dismissing a lawsuit must be mentioned in your first filing with the court, or the court will consider them waived.Specific court websites often have information about jurisdiction as well. You typically can access these rules by going to the website for your state court system.Your state's rules of civil procedure will determine which of these reasons applies to your case. In most cases, if you're early in the proceedings, your motion to dismiss will be for procedural reasons such as a lack of jurisdiction.You must have sufficient legal grounds to request that the judge dismiss the complaint against you. 1996).Research the law that applies to your case. Failure to file written objections to the proposed factual findings and/or the proposed legal conclusions reflected in this Report and Recommendation within fourteen (14) days following the date of receipt shall bar an aggrieved party from attacking either the factual findings or the legal conclusions accepted by the District Court, except upon grounds of plain error. A party may respond to another party’s objections within fourteen (14) days after being served with a copy thereof. § 636 and Rule 72 of the Federal Rules of Civil Procedure, parties have fourteen (14) days from receipt of this Report and Recommendation to file written objections with the Clerk of Court. The Magistrate Judge Status Conference set for August 16, 2023, at 9:00 AM is TERMINATED and plaintiff is relieved of any responsibility to attend. IT IS RECOMMENDED that the Motion to Dismiss Without Prejudice be GRANTED, and that plaintiff’s claims against defendant United Services Automobile Association be DISMISSED WITHOUT PREJUDICE. Having reviewed plaintiff’s motion, the undersigned finds it a competent expression of plaintiff’s wish to no longer prosecute this case against the defendant. The properly completed and witnessed form motion to dismiss is now before the court. If you are concerned about the consequences of signing this document, we suggest you consult with an attorney. 2 - representing yourself as outlined above. Unless and until you receive notice that the motion has been granted or if you receive notice that the motion has been denied, your case remains active, and you remain responsible for The Termination Order contained the following instruction and reference to the form motion to dismiss:ĪDDITIONAL NOTICE TO PLAINTIFF: If you never intended for this lawsuit to be filed on your behalf or, for whatever reason, no longer wish to pursue your lawsuit, please complete the attached form entitled “Motion to Di smiss Without Prejudice.” Please follow the instructions on the form carefully. Attached to the Termination Order was a fillable form entitled “Motion to Dismiss Withou t Prejudice,” Doc. Plaintiff recently became a pro se litigant by operation of an order of this court styled Order Terminating Former MMA Counsel from Proceedings, Designating Plaintiff a Pro Se Litigant, and Other Matters (the “Termina tion Order”). This suit was filed on plaintiff’s behalf by the firm McClenny Moseley & Associates, PLLC (“MMA”). For the reasons stated IT IS RECOMMENDED that the motion be GRANTED. The motion has been referred to the undersigned for review, report, and recommendation in accordance with the provisions of 28 U.S.C. UNITED SERVICES AUTOMOBILE ASSOCIATION : MAGISTRATE JUDGE KAYīefore the court is a Motion to Dismiss Without Prejudice filed by plaintiff Dora Phillips. 1 - UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA
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