Critchfield, Michael et al v. County of Buffalo, et al

Filing 15

ORDER granting plaintiffs' motion for voluntary dismissal The complaint is DISMISSED without prejudice pursuant to Fed. R. Civ. P. 4l(a). Signed by District Judge William M. Conley on 9/17/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MICHAEL VERNON CRJTCHFIELD, et al.,

Plaintiff,

ORDER

l 4-cv-594-wmc

v.

COUNTY OF BUFFALO, et al.,

Defendants.

Plaintiffs Michael Vernon Critchfield, Julie Ann Critchfield, Joseph Michael
Critchfield, and Ryan Thomas Bechard have filed this lawsuit against Buffalo County, a court
commissioner, an investigator, two sheriff's deputies, two social workers and several other law
enforcement agents, alleging unlawful search and seizure, among other things.

Plaintiffs

requested leave to proceed with these claims in forma pauperis but failed to provide any
financial information in support of that application as required by 28 U.S.C. § l 915(a).

On

September 11, 2014, the court directed plaintiffs to remedy this defect by submitting
affidavits of indigency in support of their request for leave to proceed in forma pauperis. In
response, plaintiffs have now filed a request to "cancel" this case.
The court construes plaintiffs' request as a motion for voluntary dismissal pursuant to
Fed. R. Civ. P. 4l(a)(l)(A), which allows dismissal upon the plaintiff's request before the
opposing party serves either an answer or a motion for summary judgment.

Because no

responsive pleading has been requested or received in this case, the motion will be granted
and the case will be dismissed without prejudice. See Smith v. Potter, 513 F.3d 781, 782-83
(7th Cir. 2008) (observing that a plaintiff's motion for voluntary dismissal filed before the
opposing party serves either an answer or dispositive motion automatically effects dismissal
of the case); see also Nelson v. Napolitano, 657 F.3d 586, 587-88 (7th Cir. 2011) (discussing
the effect of a voluntary dismissal under Rule 4l(a)) (collecting cases).

ORDER
IT IS ORDERED that:
1. The plaintiffs' motion for voluntary dismissal (Dkt. #14) is GRANTED.

2. The complaint is DISMISSED without prejudice pursuant to Fed. R. Civ. P.
4l(a).

Entered this 17th day of September, 2014.
BY THE COURT:

/s/
WILLIAM M. CONLEY
District Judge