Williams v. Busby et al

Filing 9

ORDER OF DISMISSAL granting 8 Plaintiff's Motion to Voluntarily Dismiss. This case is VOLUNTARILY DISMISSED, WITHOUT PREJUDICE. The Court CERTIFIES, pursuant to 28 U.S.C. Section 1915(a)(3), that an in forma pauperis appeal from this Order of Dismissal & the accompanying Judgment would not be taken in good faith. Signed by Chief Judge J. Leon Holmes on 9/9/09. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION WALTER WILLIAMS v. No. 3:09CV00146 JLH/JTR DEFENDANTS ORDER OF DISMISSAL On August 24, 2009, Plaintiff, who is currently confined in the Crittenden County Detention Facility, commenced this pro se 1983 action alleging that Defendants violated his constitutional rights. See docket entry #2. On September 2, 2009, the Court ordered service upon the Defendants. See docket entry #6. However, service has not yet been completed. On September 4, 2009, Plaintiff filed a Motion for Voluntary Dismissal. See docket entry #8. Federal Rule of Civil Procedure 41(a)(1)(A)(i) provides that: "the plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Defendants have not been served, nor have they filed any pleadings in this case. Accordingly, Plaintiff is entitled to a voluntary dismissal of this action. IT IS THEREFORE ORDERED THAT: 1. Plaintiff's Motion for Voluntary Dismissal (docket entry #8) is GRANTED, and this PLAINTIFF DICK BUSBY, Sheriff of Crittenden County, et al. case is VOLUNTARILY DISMISSED, WITHOUT PREJUDICE. 2. The Court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from this Order of Dismissal and the accompanying Judgment would not be taken in good faith. Dated this 9th day of September, 2009. UNITED STATES DISTRICT JUDGE -2-

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