Foley #072158 v. Ryan et al

Filing 74

ORDER - IT IS ORDERED: (1) The reference to the Magistrate Judge is withdrawn as to Plaintiff's Notice and Requests of/for Possible Resolution (Doc. 71 ) to the extent Plaintiff seeks dismissal of this action. (2) Plaintiff's Notice and Requests of/for Possible Resolution (Doc. 71 ) is granted to the extent Plaintiff seeks dismissal of this action without prejudice. (3) Plaintiff's First Amended Complaint (Doc. 10 ) and this action are dismissed without prejudice. The Clerk of the Court shall enter judgment accordingly. (See document for full details). Signed by Senior Judge Stephen M McNamee on 3/19/15.(LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Rick Alton Foley,

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No. CV 13-1496-PHX-SMM (ESW)
Plaintiff,

v.

ORDER

M. Thomas, et al.,

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Defendants.

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Plaintiff Rick Alton Foley, who is currently confined in the Arizona State Prison

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Complex-Florence, brought this civil rights action pursuant to 42 U.S.C. § 1983. (Doc.

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10).

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Resolution (Doc. 71), which the Magistrate Judge construed as a motion to appoint

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counsel, or in the alternative, to dismiss this case without prejudice (Doc. 73).

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Pending before the Court is Plaintiff’s Notice and Requests of/for Possible

In his Motion, Plaintiff requests appointment of counsel, or if counsel cannot be

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appointed, to have this action dismissed without prejudice.

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Magistrate Judge denied the part of Plaintiff’s Motion requesting appointment of counsel

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(Doc. 73).

By separate Order, the

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Pursuant to Rule 41 of the Federal Rules of Civil Procedure, an action may be

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dismissed at the plaintiff’s request by court order. Fed. R. Civ. P. 41(a)(1)(B). The Court

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will grant Plaintiff’s request to dismiss this action without prejudice.

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....

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....

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IT IS ORDERED:
(1)

The reference to the Magistrate Judge is withdrawn as to Plaintiff’s Notice

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and Requests of/for Possible Resolution (Doc. 71) to the extent Plaintiff seeks dismissal

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of this action.

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(2)

Plaintiff’s Notice and Requests of/for Possible Resolution (Doc. 71) is

granted to the extent Plaintiff seeks dismissal of this action without prejudice.
(3)

Plaintiff’s First Amended Complaint (Doc. 10) and this action are

dismissed without prejudice. The Clerk of the Court shall enter judgment accordingly.
DATED this 19th day of March, 2015.

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Honorable Stephen M. McNamee
Senior United States District Judge

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