Garcia v. Arizona Department of Corrections, et al
Filing
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ORDER - (1) Plaintiff's Motion to Transfer case, which the Court construes as a Motion for Voluntary Dismissal (Doc. 5), is granted. This action is dismissed without prejudice. (2) Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2) is denied as moot. (3) The Clerk of Court must close the case and enter judgment. Signed by Senior Judge Robert C Broomfield on 11/5/12.(LAD)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Plaintiff,
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vs.
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Arizona Department of Corrections, et al.,)
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Defendants.
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Paul Garcia,
No. CV 12-2061-PHX-RCB (MHB)
ORDER
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On September 28, 2012, Plaintiff Paul Garcia, who is confined in the Maricopa
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County Fourth Avenue Jail, filed a pro se civil rights Complaint pursuant to 42 U.S.C.
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§ 1983 and an Application to Proceed In Forma Pauperis. On October 9, 2012, Plaintiff
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filed a “Motion to Transfer Case to Maricopa County Superior Court.” Plaintiff states that
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he was “misinformed with all respects to the courts,” and asks that this Court transfer this
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case to the Maricopa County Superior Court.
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The Court cannot transfer Plaintiff’s case. However, Rule 41(a)(1)(A)(I) of the
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Federal Rules of Civil Procedure provides that a plaintiff may dismiss an action by filing a
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“notice of dismissal before the opposing party serves either an answer or a motion for
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summary judgment.”
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dismissal and will dismiss this action without prejudice. Plaintiff may then re-file his case
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in the proper court.
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...
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...
The Court will treat Plaintiff’s Motion as a motion for voluntary
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IT IS ORDERED:
(1)
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Plaintiff’s Motion to Transfer case, which the Court construes as a Motion for
Voluntary Dismissal (Doc. 5), is granted. This action is dismissed without prejudice.
(2)
Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is denied as
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(3)
The Clerk of Court must close the case and enter judgment.
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DATED this 5th day of November, 2016.
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moot.
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