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Melton v. Dretke

United States District Court, S.D. Texas, Houston Division
Sep 30, 2005
Civil Action H-05-2099 (S.D. Tex. Sep. 30, 2005)

Opinion

Civil Action H-05-2099.

September 30, 2005


MEMORANDUM ON DISMISSAL


Petitioner seeks voluntary dismissal under Rule 41(a)(1), FED.R.CIV.P. A court exercising its discretion in considering a voluntary dismissal must follow the traditional principle that dismissal should be allowed unless the defendant will suffer some plain prejudice other than the mere prospect of a second lawsuit. Holiday Queen Land Corporation v. Baker, 489 F.2d 1031 (5th Cir. 1974). No such prejudice has been shown in here.

Accordingly, Petitioner's Motion for Voluntary Dismissal (Docket Entry No. 5, p. 2) is GRANTED, and this case is DISMISSED without prejudice. The Clerk will change the docket sheet to reflect that this case is a civil rights complaint under 42 U.S.C. § 1983, Nature of Suit No. 555.

It is ORDERED that any fee collection order entered in this case is VACATED. No further withdrawals shall be made from the prison trust fund account of John Wall Melton, TDCJ No. 1168128, to collect filing fees in this case.

The Clerk shall provide copies to the parties; and the Inmate Trust Fund, P.O. Box 629, Huntsville, Texas 77342-0629, fax 936-437-4793.


Summaries of

Melton v. Dretke

United States District Court, S.D. Texas, Houston Division
Sep 30, 2005
Civil Action H-05-2099 (S.D. Tex. Sep. 30, 2005)
Case details for

Melton v. Dretke

Case Details

Full title:JOHN WALL MELTON, TDCJ No. 1168128, Petitioner, v. DOUGLAS DRETKE…

Court:United States District Court, S.D. Texas, Houston Division

Date published: Sep 30, 2005

Citations

Civil Action H-05-2099 (S.D. Tex. Sep. 30, 2005)