Kiir v. Vanderhule et al

Filing 7

ORDER Dismissing Case. Signed by U.S. District Judge Lawrence L. Piersol on 11/12/2015. (JLS)

UNITED STATES DISTRICT COURT

FILED

DISTRICT OF SOUTH DAKOTA

NOV 1 2 2015

SOUTHERN DIVISION

~~

DIW BOL KIIR,

4: 15-CV-04164-LLP

Plaintiff,
ORDER DISMISSING CASE

vs.
OFFICER CHASE VANDERHULE, Police
Officer at Sioux Falls Police
Department, in his official capacity;
MICHAEL MILLER, Attorney at
Minnehaha County Public Defenders, in
his official capacity;
LYNDEE KAMRATH, Attorney at
Minnehaha County Public Advocate, in
her official capacity,
Defendants.

Plaintiff, Diw Bol Kiir, is an inmate at the Minnehaha County Jail in
Sioux Falls, South Dakota. Plaintiff filed a pro se civil rights lawsuit pursuant
to 42 U.S.C. § 1983 and now moves to set aside the complaint until after he is
sentenced in state court. Docket 1, 6. The Court construes Kiir's motion as a
motion for dismissal under Federal Rule of Civil Procedure 41(a)(1).
"The decision to grant or deny a plaintiffs motion to voluntarily dismiss a
lawsuit rests upon the sound discretion of the district court ...." Beavers v.

Bretherick, 227 F. App'x 518, 520 (8th Cir. 2007).
Federal Rule of Civil Procedure 41 (a) (1) allows a plaintiff to dismiss
an action without order of the court by filing a notice of dismissal
at any time before the adverse party serves an answer or a motion

for summary judgment. Rule 41(a)(1) voluntary dismissal is
without prejudice unless the plaintiff has previously dismissed an
action including the same claim in any other court.
Williams v. Clarke, 82 F.3d 270, 272 (8th Cir. 1996). Kiir's complaint has not

been served. Voluntary dismissal is appropriate at this time. Accordingly, it is
ORDERED that Kiir's complaint (Docket 1) is dismissed without
prejudice.

f-

Dated November 12..,-2015.

WRENCE L. PIERSOL
NITED STATES DISTRICT JUDGE

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