Harris v. Harig et al
Filing
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ORDER OF DISMISSAL re Plaintiff's Rule 4, Dismissal Without Prejudice" which is interpreted as a request under Rule 41(a)(2). Plaintiff's claims are dismissed without prejudice and all pending motions are terminated. This matter is CLOSED. Signed by Chief Judge Ricardo S Martinez. (PM) cc: plaintiff via the U.S. Mail
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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CURTIS RAY HARRIS,
Plaintiff,
Case No. C17-813 RSM
ORDER OF DISMISSAL
v.
DON HARIG, et al.,
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Defendants.
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This matter comes before the Court on Plaintiff Curtis Ray Harris’s “Rule 4, Dismissal
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Without Prejudice.” Dkt. #15. Mr. Harris states that he wishes to have this action dismissed
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without prejudice pursuant to Rule 41(a)(1)(A) and that “[n]o Answer or Motion for Summary
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Judgement has yet been filed.” Id.
Mr. Harris is incorrect; an Answer has been filed in this case.
See Dkt. #9.
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Accordingly, dismissal may not be obtained under Rule 41(a)(1)(A), which allows for dismissal
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via notice “before the opposing party serves either an answer or a motion for summary
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judgment.” However, rule 41 otherwise provides for dismissal at the plaintiff’s request by
court order on terms that the court considers proper. Fed. R. Civ. P. 41(a)(2).
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ORDER OF DISMISSAL - 1
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The Court will interpret Mr. Harris’s request under Rule 41(a)(2), and is satisfied that
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dismissal will not prejudice Defendants, who separately move for dismissal without prejudice.
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See Dkt. #10 at 3 n.2.
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Accordingly, the Court hereby finds and ORDERS:
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terminated.
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Plaintiff’s claims are DISMISSED without prejudice. All pending motions are
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This matter is CLOSED.
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DATED this 29th day of September 2017.
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A
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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
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ORDER OF DISMISSAL - 2
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