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Wall v. Texas Department of Criminal Justice

United States District Court, S.D. Texas, Houston Division
Nov 4, 2005
Civil Action No. H-05-1722 (S.D. Tex. Nov. 4, 2005)

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.


Summaries of

Wall v. Texas Department of Criminal Justice

United States District Court, S.D. Texas, Houston Division
Nov 4, 2005
Civil Action No. H-05-1722 (S.D. Tex. Nov. 4, 2005)
Case details for

Wall v. Texas Department of Criminal Justice

Case Details

Full title:JOHNNY RAY WALL, TDCJ-CID # 1271860, SPN # 01066112, SID # 04266688…

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

Date published: Nov 4, 2005

Citations

Civil Action No. H-05-1722 (S.D. Tex. Nov. 4, 2005)