Robinson v. King et al

Filing 9

OPINION and ORDER Granting Plaintiff's 8 Motion to Dismiss, Dismissing Without Prejudice the Civil Rights Complaint, Denying Pending Motions, and Vacating Order Granting Plaintiff's Application to Proceed Without Prepaying Fees or Costs. Signed by District Judge Linda V. Parker. (RLou)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHRISTOPHER BERNARD ROBINSON, Plaintiff, Civil Case No. 16-13795 Honorable Linda V. Parker v. MICHIGAN PAROLE BD. MEMBERS, et al., Defendants. ______________________________________/ OPINION & ORDER GRANTING PLAINTIFF’S MOTION TO DISMISS, DISMISSING WITHOUT PREJUDICE THE CIVIL RIGHTS COMPLAINT, DENYING PENDING MOTIONS, & VACATING ORDER GRANTING PLAINTIFF’S APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS This is a pro se prisoner civil rights case brought pursuant to 42 U.S.C. § 1983. The matter is before the Court on Plaintiff Christopher Bernard Robinson’s motion to voluntarily dismiss his Complaint prior to service upon the defendants. Plaintiff indicates that he has new information that will affect the Complaint and that he seeks a non-prejudicial dismissal so he can file a new complaint at a later date. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A), Plaintiff could dismiss his Complaint without a Court order. In any event, the Court finds that a non-prejudicial dismissal is warranted and will not prejudice the parties or the Court. Accordingly, the Court GRANTS Plaintiff’s motion and DISMISSES his Complaint WITHOUT PREJUDICE. The Court also is DISMISSING WITHOUT PREJUDICE the pending motions filed in this matter (ECF Nos. 3, 7). Lastly, the Court is VACATING its order granting Plaintiff’s application to proceed without prepaying fees or cost so that no filing fees will be assessed for this case (Ecf No. 4). This case is CLOSED. Should Plaintiff wish to pursue the allegations in his Complaint, he must file a new complaint with the appropriate filing fees or an application to proceed without prepayment of the filing fees. IT IS SO ORDERED. s/ Linda V. Parker LINDA V. PARKER U.S. DISTRICT JUDGE Dated: February 1, 2017 I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, February 1, 2017, by electronic and/or U.S. First Class mail. s/ Richard Loury Case Manager

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