Greene v. Abernathy et al

Filing 7

ORDER that Pltf's 6 Motion to Dismiss will be construed as a notice of voluntary dismissal and his complaint is DISMISSED without prejudice. FURTHER ORDERED that Pltf's 3 Motion to Appoint Counsel is DISMISSED as moot. Signed by Chief Judge Frank D. Whitney on 6/20/16. (Pro se litigant served by US Mail.) (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16-cv-00135-FDW
COREY DELON GREENE,

)
)
Plaintiff,
)
)
v.
)
)
JOSEPH ABERNATHY, et al.,
)
)
Defendants.
)
____________________________________)

ORDER

THIS MATTER is before the Court on consideration of Plaintiff’s complaint which he
filed pro se pursuant to 42 U.S.C. § 1983, and his motion to dismiss his complaint. Plaintiff, who
is a prisoner of the State of North Carolina, alleges that the defendants have violated his civil rights.
In his motion to dismiss, Plaintiff contends that he now wishes to pursue state habeas relief before
he proceeds with any § 1983 claims. The Court notes that because no answer or other pleading has
been filed by any of the defendants that Plaintiff may dismiss his complaint as a matter of right.
See FED. R. CIV. P. 42(a)(1)(i).
IT IS, THEREFORE, ORDERED that Plaintiff’s motion to dismiss will be construed as
a notice of voluntary dismissal and his complaint is DISMISSED without prejudice. (Doc. No.
6).
IT IS FURTHER ORDERED that Plaintiff’s motion to appoint counsel is DISMISSED
as moot. (Doc. No. 3).
The Clerk is respectfully directed to close this civil case.
Signed: June 20, 2016