Washington v. Beale

Filing 21

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 7/10/2015. (sbea, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

Jll I 3 2015
CLERK. U.S niSTRlCT COURT

RICHMOtJD, VA

ERNEST DONALD WASHINGTON,

Petitioner,
Civil Action No. 3:15CV69-HEH

V.

JAMES BEALE,

Respondent.
MEMORANDUM OPINION

(Dismissing Action Without Prejudice)

On June 22, 2015, Ernest Donald Washington filed a Motion to Withdraw § 2254

Petition (ECF No. 20). Respondent filed his answer on June 5, 2015. Therefore,
Washington requires leave of Court to dismiss his action. See Fed. R. Civ. P. 41(a). "A

[party's] motion under Rule 41(a)(2) for dismissal without prejudice should not be denied
absent substantial prejudice to the defendant." Andes v. Versant Corp., 788 F.2d 1033,
1036 (4th Cir. 1986) (citing Kenrose Mfg. Co. v. Fred Whitaker Co., 512 F.2d 890, 895
(4th Cir. 1972)). Respondent fails to suggest that he will suffer substantial prejudice if

Washington's Motion to Withdraw is granted. Accordingly, Washington's Motion to
Withdraw (ECF No. 20) will be granted. The action will be dismissed without prejudice.
The outstanding motions (ECF Nos. 12, 14, 15) will be denied as moot.
An appropriate Memorandum Opinion will issue.

M.

/s/

HENRY E. HUDSON

Date:

|0

Richmond, Virginia

UNITED STATES DISTRICT JUDGE