Andrews v. Persley

Robert Andrews, a Georgia prison inmate proceeding pro se, brought this action under 42 U.S.C. § 1983 against Mike Persley, Chief of the City of Albany Police Department. The action was referred to a Magistrate Judge, who granted Andrews leave to proceed in forma pauperis and then, recommended that the case be dismissed for lack of proper venue. In response, Andrews filed a pleading voluntarily dismissing the action under Federal Rule of Civil Procedure 41(a). The District Court, rather than treating Andrews’ pleading as a self-executing notice of dismissal under Rule 41(a), converted the…