Marshall v. Clark

Filing 11

MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge Robert E. Payne on 06/05/2018. Copy mailed to Petitioner as directed.(ccol, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

SHAYQUON QUONTAE MARSHALL,
Petitioner,

V,

Civil Action No. 3:18CV99

HAROLD W. CLARK,

Respondent.
MEMORANDUM OPINION

Shayquon Quontae Marshall, a Virginia inmate proceeding pro
submitted a 28 U.S.C. § 2254 petition.

On April 4, 2018,

Marshall moved to voluntarily dismiss the action.

Civ. P. 41(a)(2).

See Fed. R.

Respondent has not objected to the dismissal.

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 Mfq. Co. v. Fred Whitaker Co.,
512 F.2d 890, 895 (4th Cir. 1972)).

Accordingly, Marshall's

Motion to Voluntarily Dismiss (ECF No. 10) will be granted.

The

action will be dismissed without prejudice.

The

Clerk

is directed to send a copy of

the

Memorandum

Opinion to Marshall and counsel of record.
It is so ORDERED.

/s/
Robert E. Payne

Date:
Richmond, Virginia

(U/>

Senior l&iited States District Judge