Shivers v. Phoenix Police Department, City of et al

Filing 9

ORDER the Court construes Plaintiff's 7 "Motion to Dismiss Case Without Prejudice" as a notice of dismissal pursuant to Rule 41 of the Federal Rules of Civil Procedure. The Clerk of Court must enter a judgment of dismissal of this action without prejudice. Signed by Judge G Murray Snow on 8/18/10.(TLJ)

Shivers v. Phoenix Police Department, City of et al

Doc. 9

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WO

SC

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Corey Demar Shivers, Plaintiff, vs. Phoenix Police Department, et al., Defendants.

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No. CV 10-1175-PHX-GMS (JRI) ORDER

Plaintiff Corey Demar Shivers, who is confined in the Fourth Avenue Jail in Phoenix, Arizona, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983, which the Court dismissed with leave to amend. (Doc. 1, 5.) Plaintiff has filed a motion to dismiss this case without prejudice. (Doc. 7.) Rule 41(a)(1)(A)(I) of the Federal Rules of Civil Procedure provides in relevant part that a "plaintiff may dismiss an action without a court order by filing: a notice of dismissal before the opposing party serves either an answer or a motion for summary[.]" The Court will construe Plaintiff's motion to dismiss without prejudice as a notice of voluntary dismissal pursuant to Rule 41 of the Federal Rules of Civil Procedure. IT IS ORDERED: (1) The Court construes Plaintiff's "Motion to Dismiss Case Without Prejudice"

as a notice of dismissal pursuant to Rule 41 of the Federal Rules of Civil Procedure. (Doc. 7.) (2) The Clerk of Court must enter a judgment of dismissal of this action without

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prejudice. DATED this 18th day of August, 2010.

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