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)

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