Sherron v. Slagle et al

Filing 9

ORDER dismissing without prejudice Plaintiff's 1 Complaint; dismissing as moot Plaintiff's 6 motion to proceed under § 1983; dismissing as moot Plaintiff's 7 motion to proceed in forma pauperis. Plaintiff shall have 14days from entry of this Order to identify by Case Number the remaining case that he is choosing to voluntarily dismiss. Signed by Chief Judge Frank D. Whitney on 8/28/2015. (Pro se litigant served by US Mail.)(khm)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:15-cv-00167-FDW ROBBIE SHERRON, ) ) Plaintiff, ) ) v. ) ) MIKE SLAGLE, et al., ) ) Defendants. ) ____________________________________) ORDER THIS MATTER is before the Court following the filing of Plaintiff’s notice of the voluntary dismissal of his pro se complaint filed under 42 U.S.C. § 1983. The Court notes that service has not been ordered in this case and consequently no defendant has filed an answer or other pleading at this time. Accordingly, Plaintiff is free to enter his notice of voluntary dismissal and this case will be dismissed without prejudice. See Fed. R. Civ. P. 42(a)(1)(A)(i). In his notice of voluntary dismissal, Plaintiff also indicates that he has chosen to voluntarily dismiss another complaint however he does not identify the case number. (Doc. No. 8). Plaintiff will therefore be allowed to respond to this Order and confirm the case number of the remaining case he is choosing to voluntarily dismiss. IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s complaint is dismissed. 2. Plaintiff’s motion to proceed under § 1983, and his motion to proceed in forma pauperis are DISMISSED as moot. (Doc. Nos. 6 & 7). 3. Plaintiff shall have 14-days from entry of this Order to identify by Case Number the 1 remaining case that he is choosing to voluntarily dismiss. The Clerk is respectfully directed to terminate Case No. 1:15-cv-00167. SO ORDERED. Signed: August 28, 2015 2

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