Williams v. Holbrook et al

Filing 6

ORDER GRANTING MOTION TO VOLUNTARILY DISMISS COMPLAINT. Granting 5 Motion to Dismiss. Case CLOSED. Signed by Judge Stanley A Bastian. (SK, Case Administrator)**2 PAGES, PRINT ALL**(James Williams, Prisoner ID: 740600)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON 8 9 10 JAMES WILLIAMS, Plaintiff, 11 v. 12 13 14 4:16-cv-05158-SAB SUPERINTENDENT HOLBROOK, et al., ORDER GRANTING MOTION TO VOLUNTARILY DISMISS COMPLAINT Defendants. 15 16 17 Plaintiff, a prisoner at the Washington State Penitentiary, presented a pro se 18 civil rights complaint on December 12, 2016. He now asks to withdraw the 19 complaint and seeks the return of this 160 page document. Because this file has 20 been opened, the Court will construe Plaintiff’s request as a Motion to Voluntarily 21 Dismiss, ECF No. 5. 22 No ruling has been made regarding Plaintiff’s application to proceed in 23 forma pauperis. Defendants have not been served in this action. Pursuant to 24 Federal Rule of Civil Procedure 41(a), the case will be dismissed. 25 // 26 // 27 // 28 // ORDER GRANTING MOTION TO VOLUNTARILY DISMISS COMPLAINT -- 1 1 Accordingly, IT IS ORDERED THAT: 2 1. Plaintiff’s Motion, ECF No. 5, is GRANTED and the Complaint is 3 DISMISSED WITHOUT PREJUDICE. 4 2. IT IS FURTHER ORDERED the Clerk of Court shall mail to Mr. 5 Williams the paper original of the complaint received and scanned on 6 December 12, 2016. Plaintiff is admonished that all future documents he chooses 7 to submit to the United States District Court, Eastern District of Washington, while 8 he is incarcerated at a Washington State Department of Corrections facility, should 9 be submitted electronically as required by General Order 16-35-1. 10 IT IS SO ORDERED. The Clerk of Court is directed to ENTER this 11 Order, ENTER judgment of dismissal without prejudice, FORWARD a copy to 12 Plaintiff and CLOSE the file. 13 DATED this 10th day of January, 2017. 14 15 16 17 18 19 20 Stanley A. Bastian United States District Judge 21 22 23 24 25 26 27 28 ORDER GRANTING MOTION TO VOLUNTARILY DISMISS COMPLAINT -- 2

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