Richardson v. Morris et al

Filing 11

ORDER GRANTING 10 PLAINTIFF'S MOTION FOR VOLUNTARY DISMISSAL. Signed by Judge James D. Todd on 1/12/2017. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
STEPHAN RICHARDSON,
Plaintiff,
VS.
OFFICER MORRIS, ET AL.,
Defendants.

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No. 16-2887-JDT-cgc

ORDER GRANTING PLAINTIFF’S MOTION FOR VOLUNTARY DISMISSAL

The pro se prisoner Plaintiff, Stephan Richardson, filed this action pursuant to 42
U.S.C. § 1983 on November 8, 2016 (ECF No. 1), accompanied by a motion for leave to
proceed in forma pauperis (ECF No. 2). The Court issued an order on November 10, 2016,
granting leave to proceed in forma pauperis and assessing the civil filing fee pursuant to 28
U.S.C. §§ 1915(a)-(b). (ECF No. 5.) However, on January 11, 2017, the Clerk received a
letter from Plaintiff in which he asks “to have this case dismissed as soon as possible.” (ECF
No. 10.)
Federal Rule of Civil Procedure 41(a) provides that a plaintiff may voluntarily dismiss
an action at any time before an opposing party files an answer or a motion for summary
judgment. This case has not yet been screened pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and
1915A(b); therefore, no defendant has been served and no answers or motions for summary
judgment have been filed. Accordingly, Plaintiff’s motion to voluntarily dismiss this case

is GRANTED, and this case is hereby DISMISSED without prejudice pursuant to Federal
Rule of Civil Procedure 41(a).
The Clerk is directed to prepare a judgment.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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