Hayes v. Arpaio

Filing 9

ORDER granting Plaintiff's 7 Motion to Dismiss. This case is dismissed without prejudice. The Clerk of Court must enter judgment accordingly. (See document for details). Signed by Judge Robert C Broomfield on 12/1/11.(LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Carlester Sharod Hayes,

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Plaintiff,
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vs.
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Joseph M. Arpaio,
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Defendant.
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No. CV 11-2043-PHX-RCB (JFM)
ORDER

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On October 20, 2011, Plaintiff Carlester Sharod Hayes, who is confined in the

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Maricopa County Fourth Avenue Jail, filed a pro se civil rights Complaint pursuant to 42

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U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. In a November 17, 2011

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Order, the Court granted the Application to Proceed and dismissed the Complaint for failure

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to state a claim upon which relief can be granted. The Court gave Plaintiff 30 days to file an

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amended complaint that cured the deficiencies identified in the Order.

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On November 14, 2011, Plaintiff filed a Motion to Dismiss (Doc. 7).

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Under Rule 41(a) of the Federal Rules of Civil Procedure, a party may dismiss an

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action without an order of the court by filing a notice of dismissal at any time before service

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of an answer or a motion for summary judgment. The right to voluntarily dismiss an action

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under these circumstances is absolute. Commercial Space Mgmt. Co., Inc. v. Boeing Co.,

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Inc., 193 F.3d 1074, 1077 (9th Cir. 1999). The Court will therefore grant Plaintiff’s Motion

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to Dismiss.

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...

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IT IS ORDERED:

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(1)

Plaintiff’s Motion to Dismiss (Doc. 7) is granted.

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(2)

This case is dismissed without prejudice. The Clerk of Court must enter

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judgment accordingly.
DATED this 1st day of December, 2011.

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