Brooks v. Corrections Corporation of America et al

Filing 15

ORDER granting Plaintiff's 14 Motion to Drop his Claim; this case is dismissed without prejudice; the Clerk must enter judgment accordingly. Signed by Senior Judge Robert C Broomfield on 9/30/813.(REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Donimic T. Brooks,

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No. CV 13-220-PHX-RCB (BSB)
Plaintiff,

vs.

ORDER

Corrections Corporation of America, et
al.,

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Defendants.

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On February 1, 2013, Plaintiff Donimic T. Brooks, who is confined in the

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Corrections Corporation of America’s Saguaro Correctional Center in Eloy, Arizona,

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filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983, a Declaration in

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Support, a Motion for Summary Judgment, and a Declaration in Support of Request to

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Proceed Without Paying Filing Fee (“First Application to Proceed”). On February 13,

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2013, he filed a Request to Proceed In Forma Pauperis (“Second Application to

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Proceed”). On February 26, 2013, Plaintiff filed an Application to Proceed In Forma

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Pauperis by a Prisoner (“Third Application to Proceed”) and a Motion for Appointment

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of Counsel.

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In an April 25, 2013 Order, the Court denied the three deficient Applications to

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Proceed and gave Plaintiff 30 days to pay the filing fee or file a complete Application to

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Proceed In Forma Pauperis. On May 17, 2013, Plaintiff filed another Application to

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Proceed In Forma Pauperis. In an August 28, 2013 Order, the Court granted the May 17

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Application to Proceed, dismissed the Complaint because Plaintiff had failed to state a

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claim upon which relief could be granted, denied as moot Plaintiff’s Motion for Summary

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Judgment, and denied his Motion for Appointment of Counsel. The Court gave Plaintiff

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30 days to file an amended complaint that cured the deficiencies identified in the Order.

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On September 19, 2013, Plaintiff filed a Motion to Drop his Claim (Doc. 14),

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seeking to “drop [his] claim/suit of the above case.” Under Rule 41(a) of the Federal

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Rules of Civil Procedure, a party may dismiss an action without an order of the court by

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filing a notice of dismissal at any time before service of an answer or a motion for

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summary judgment. The right to voluntarily dismiss an action under these circumstances

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is absolute. Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077

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(9th Cir. 1999). The Court will therefore grant Plaintiff’s Motion to Drop his Claim.

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IT IS ORDERED:

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(1)

Plaintiff’s Motion to Drop his Claim (Doc. 14) 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 30th day of September, 2013.

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