Opinion
Civil Action No. H-05-1722.
November 4, 2005
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS
The plaintiff has submitted a motion to dismiss under FED.R.CIV.P. 41(a). The courts have generally granted dismissal unless the defendants would suffer some plain legal prejudice other than the mere prospect of a second lawsuit. Manshack v. Southwestern Elec. Power Co., 915 F.2d 172, 174 (5th Cir. 1990). No such prejudice has been shown in the instant case.
The motion to dismiss (Docket Entry 8) is GRANTED.
The officials administering plaintiff's trust fund account (TDCJ-CID # 1271860) are ORDERED to cease all withholding and payment of the filing fees in this action.
This action is DISMISSED pursuant to the plaintiff's voluntary motion.
The Clerk shall provide copies of this Memorandum Opinion and Order to the parties and to the TDCJ-ID Inmate Trust Fund, P.O. Box 629, Huntsville, Texas 77342-0629, fax 936-437-4793.