Summers v. City of Wenatchee Police Department et al

Filing 23

ORDER OF DISMISSAL WITHOUT PREJUDICE. Plaintiffs Notice and Motion to Dismiss ECF No. 22 is GRANTED. All claims and causes of action in this matter are DISMISSED without prejudice and without costs or fees to any party. Defendants Joint Motion to Dismiss for Improper Service and Failure to State a Claim ECF No. 13 is DENIED as moot. The file is CLOSED. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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RICHARD THOMAS SUMMERS,
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NO: 2:16-CV-0371-TOR
Plaintiff,

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v.

ORDER OF DISMISSAL WITHOUT
PREJUDICE

CHELAN COUNTY DISTRICT
COURT; CITY OF WENATCHEE
POLICE DEPARTMENT; CITY OF
WENATCHEE OFFICE OF CITY
ATTORNEY; ROY FORE, Chelan
County District Judge; ALICIA
NAKATA, Chelan County Superior
Judge; NANCY HARMON, Chelan
County District Judge; RYAN
WEATHERMAN, Wenatchee Police
Badge #1K24; GUY BRYANT,
Wenatchee Police Badge #1K22;
JOSH VIRNIG, Wenatchee Police
Badge #1K28; ANDY SUND,
Wenatchee Police Badge #1K44;
MELISSA BAILEY, City of
Wenatchee Attorney; SAMANTHA
ZIMMERMAN, City of Wenatchee
Attorney; MICHAEL BRADFORD,
City of Wenatchee Attorney; and
THOMAS WARREN, Chelan
County Pro Tempore Judge,

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Defendants.

ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 1

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BEFORE THE COURT is Plaintiff’s Notice and Motion to Dismiss (ECF

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No. 22). Because Defendants have neither filed an answer nor moved for summary

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judgment, Plaintiff has an absolute right to voluntarily dismiss this case. Fed. R.

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

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ACCORDINGLY, IT IS HEREBY ORDERED:

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1. Plaintiff’s Notice and Motion to Dismiss (ECF No. 22) is GRANTED. All

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claims and causes of action in this matter are DISMISSED without prejudice

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and without costs or fees to any party.

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2. Defendants’ Joint Motion to Dismiss for Improper Service and Failure to

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State a Claim (ECF No. 13) is DENIED as moot.

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The District Court Executive is directed to enter this Order, furnish copies to

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the parties who have appeared, and CLOSE the file.
DATED April 17, 2017.

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THOMAS O. RICE
Chief United States District Judge

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ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 2