Richards v. Clarke

Filing 28

MEMORANDUM OPINION. Read Opinion for complete details. Signed by District Judge Robert E. Payne on 01/20/2017. Copy of this Opinion mailed to Petitioner as directed. (ccol, )

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

JAN 23 2017

RICHARDS,

CLERK, U.S. DISTfliCT COURT

Petitioner,

RICHMONDt_VA

V.

Civil Action No. 3:15CV415

HAROLD W.

CLARKE,

Respondent.
MEMORANDUM OPINION

Mark E.

Richards,

a former Virginia inmate proceeding pro

se, submitted a 28 U.S.C. § 2254 petition.

On April 11, 2016,

Respondent filed an Answer and a Motion to Dismiss.

On August

15, 2016, the Court received a Motion to Dismiss from Richards,
in

which

Richards

seeks

to

voluntarily

dismiss

this

action

without prejudice under Rule 41(a)(2) of the Federal Rules of
Civil Procedure.

Because Respondent has filed an Answer,
dismiss

this

action

41(a)(1)(A)(i).

dismissal

without

is

a

matter of

Nevertheless,

prejudice

a

should

right.

not

Corp., 788 F.2d 1033, 1036 (4th Cir. 1986)
V.

Fred Whitaker Co.,

512 F.2d 890,

Respondent has not alleged,

Fed.

petitioner's

substantial prejudice to the respondent.

Co.

Richards may not

be

R.

Civ.

motion

denied

P.

for

absent

See Andes v. Versant
(citing Kenrose Mfg.
895

(4th Cir.

1972)).

and the record does not suggest,

that Respondent will suffer substantial prejudice if the action

is dismissed.

Accordingly,

No.

27} will be granted.

No.

22)

Richards's Motion to Dismiss

(ECF

Respondent's Motion to Dismiss

(ECF

will be denied as moot.

The action will be dismissed

without prejudice.

The

Clerk

is

directed

to

send a

copy of

this

Memorandum

Opinion to Richards and counsel of record.
I t i s so ORDERED.

/s/
Robert E. Payne
Senior ISiited States District Judge

Richmond, Virginia