Conley v. Fergurson et al

Filing 7

ORDER granting 6 Motion to Dismiss and finding as moot 1 Motion for Leave to Proceed in forma pauperis. The plaintiff's request for copies is granted, and the Clerk is directed to mail Conley copies of his filings in this case. The Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 1/17/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
EVERETT CHESTER CONLEY,
ADC #100841,
afk/a Malik El Shabazz

v.

PLAINTIFF

No. 1:12-cv-128-DPM-JTR

JOHN FERGURSON, Lieutenant,
Independence County Jail, et al.

DEFENDANTS

ORDER
Conley has filed a motion to dismiss his complaint "with prejudice."
But it is clear from the body of his paper that he is actually seeking permission
to voluntarily dismiss without prejudice. The Defendants have not been
served.
The motion for voluntary dismissal, Document No. 6, is granted, and
Conley's complaint is dismissed without prejudice.

FED.

R. CIV. P. 41(a)(1).

His embedded request for copies is granted. The Clerk is directed to mail
Conley copies of his filings in this case. Conley's application to proceed in
forma pauperis, Document No. 1, is denied as moot. The Court certifies that an
in forma pauperis appeal would not be taken in good faith. 28 U.S.C. §

1915(a)(3).

So Ordered.
....--

(/

D.P. Marshall Jr.
United States District Judge

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