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)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION STEPHAN RICHARDSON, Plaintiff, VS. OFFICER MORRIS, ET AL., Defendants. ) ) ) ) ) ) ) ) ) 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 2

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