Willis v. Shelton

Filing 8

ORDER as to Plaintiff's 7 letter seeking to "vacate or make void" his complaint: The plaintiff's letter is liberally construed as a notice of voluntary dismissal of his claims against the defendants without prejudice. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/14/2012) (twd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DRAKE L. WILLIS, ID # 1575130,
Plaintiff,
vs.

)
)
)
)
SHAROCKLYN NISHAY SHELTON, et al., )
Defendants.
)

No. 3:12-CV-3586-O-BH

ORDER
Pursuant to Special Order No. 3-251, this case has been automatically referred for pretrial
management screening. Before the Court is the plaintiff’s letter seeking to “vacate or make void”
his complaint dated on September 4, 2012, received September 12, 2012 (doc. 7).
Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure provides that a plaintiff may
dismiss his action without a court order by filing a notice of dismissal before the opposing party
serves either an answer or a motion for summary judgment. No defendant has filed an answer or
a summary judgment motion in this case.1 The plaintiff’s letter is therefore liberally construed as
a notice of voluntary dismissal of his claims against the defendants without prejudice as provided
by Rule 41(a)(1)(A)(i), and the case shall be closed pursuant to this notice.
SO ORDERED this 14th day of September, 2012.

___________________________________
IRMA CARRILLO RAMIREZ
UNITED STATES MAGISTRATE JUDGE

1

On September 5, 2012, one day after the date of the plaintiff’s letter, it was recommended as a result of the judicial
screening process under 28 U.S.C. § 1915(e)(2)(b) that this action be dismissed for failure to state a claim upon which
relief may be granted. The fourteen-day period for objecting to the recommendation has not yet elapsed.