IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

KENNETH RAYMOND McKETTRICK, : CIVIL ACTION NO. 4:CV-06-0329

:

Plaintiff : (Judge McClure)

:

v. : (Magistrate Judge Blewitt)

:

LT. McCONNELL, :

:

Defendant :

REPORT AND RECOMMENDATION

The Plaintiff, an inmate at the United States Penitentiary at Lewisburg, Pennsylvania,

Pennsylvania, filed this civil rights action, pursuant to 28 U.S.C. § 1331, on February 14, 2006. 

Plaintiff is proceeding pro se. 

The matter is currently proceeding on an Amended Complaint (Doc. 14), which is

the subject of a Motion to Dismiss and/or for Summary Judgment filed by the sole remaining

Defendant, Lt. McConnell, on November 22, 2006. (Doc. 16). Defendant’s Motion is not yet

ripe for disposition.

On December 11, 2006, Plaintiff filed with the Court a one-page document entitled

“Dismiss Motion” (Doc. 33), wherein he states, “. . . I dismiss my lawsuit against Lt. 

McConnell . . .” 

Under Rule 41(a)(2) of the Federal Rules of Civil Procedure, “an action shall not be

dismissed at the Plaintiff’s instance save upon order of the court and upon such terms and

conditions as the court deems proper.” 

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Based on the foregoing, it is respectfully recommended that the Plaintiff’s filing of

December 11, 2006 (Doc. 33) be construed as a Notice of Dismissal under Rule 41(a)(2) of the

Federal Rules of Civil Procedure and that this case be dismissed without prejudice. 

s/ Thomas M. Blewitt 

THOMAS M. BLEWITT

United States Magistrate Judge

Dated: December 15, 2006 

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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

KENNETH RAYMOND McKETTRICK, : CIVIL ACTION NO. 4:CV-06-0329

:

Plaintiff : (Judge McClure)

:

v. : (Magistrate Judge Blewitt)

:

LT. McCONNELL, :

:

Defendant :

 NOTICE

NOTICE IS HEREBY GIVEN that the undersigned has entered the foregoing

Report and Recommendation dated December 15, 2006. 

Any party may obtain a review of the Report and Recommendation pursuant to 

Rule 72.3, which provides:

Any party may object to a magistrate judge’s proposed findings, 

recommendations or report addressing a motion or matter described in 

28 U.S.C. § 636 (b)(1)(B) or making a recommendation for the 

disposition of a prisoner case or a habeas corpus petition within ten (10)

days after being served with a copy thereof. Such party shall file

with the clerk of court, and serve on the magistrate judge and all

parties, written objections which shall specifically identify the

portions of the proposed findings, recommendations or report to which

objection is made and the basis for such objections. The briefing

requirements set forth in Local Rule 72.2 shall apply. A judge shall

make a de novo determination of those portions of the report or

specified proposed findings or recommendations to which objection

is made and may accept, reject, or modify, in whole or in part, the findings

or recommendations made by the magistrate judge. The judge, however,

need conduct a new hearing only in his or her discretion or where 

required by law, and may consider the record developed before the

Case 4:06-cv-00329-JFM Document 34 Filed 12/15/06 Page 3 of 4
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magistrate judge, making his or her own determination on the basis

of that record. The judge may also receive further evidence, recall

witnesses or recommit the matter to the magistrate judge with

instructions.

 s/ Thomas M. Blewitt 

THOMAS M. BLEWITT 

United States Magistrate Judge 

Dated: December 15, 2006 

Case 4:06-cv-00329-JFM Document 34 Filed 12/15/06 Page 4 of 4