Legal Opinion

Ian Harris v. Deputy Warden of Care and Treatment

Court of Appeals for the Eleventh Circuit

Decided December 7, 2011No. 11-10787UnpublishedCited by 1 opinion

Non-Argument Calendar.

1Per curiam

Ian Harris appeals pro se the denial of his motion to withdraw the voluntary dismissal of his complaint against officials of the Georgia State Prison. We affirm.

The officials argue that we lack jurisdiction, but we disagree. Although “a party cannot appeal from an order granting a Rule 41(a)(2) dismissal,” Ortega Trujillo v. Banco Central Del Ecuador, 379 F.3d 1298, 1301 (11th Cir.2004), this Court has “jurisdiction to examine the district court’s refusal to permit [a plaintiff from] ... withdrawing] [a] voluntary dismissal,” McGregor v. Bd. of Comm'rs of Palm Beach Cnty., 956 F.2d 1017, 1021…

2Cases cited2 opinions

  1. Jack McGregor v. Board of Commissioners of Palm Beach CountyCourt of Appeals for the Eleventh Circuit · 1992
  2. Leonidas Ortega Trujillo v. Banco Central Del EcuadorCourt of Appeals for the Third Circuit · 2004

3Cited by1 opinion

  1. BUTLER v. PINERIODistrict Court, S.D. Georgia · 2024

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API