Richards v. Clarke, No. 3:2015cv00415 - Document 28 (E.D. Va. 2017)

Court Description: MEMORANDUM OPINION. Read Opinion for complete details. Signed by District Judge Robert E. Payne on 01/20/2017. Copy of this Opinion mailed to Petitioner as directed. (ccol, )

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Richards v. Clarke Doc. 28 IN THE UNITED STATES DISTRICT COURT . FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MARK E. JAN 23 2017 RICHARDS, CLERK, U.S. DISTfliCT COURT Petitioner, RICHMONDt_VA V. Civil Action No. 3:15CV415 HAROLD W. CLARKE, Respondent. MEMORANDUM OPINION Mark E. Richards, a former Virginia inmate proceeding pro se, submitted a 28 U.S.C. ยง 2254 petition. On April 11, 2016, Respondent filed an Answer and a Motion to Dismiss. On August 15, 2016, the Court received a Motion to Dismiss from Richards, in which Richards seeks to voluntarily dismiss this action without prejudice under Rule 41(a)(2) of the Federal Rules of Civil Procedure. Because Respondent has filed an Answer, dismiss this action 41(a)(1)(A)(i). dismissal without is a matter of Nevertheless, prejudice a should right. not Corp., 788 F.2d 1033, 1036 (4th Cir. 1986) V. Fred Whitaker Co., 512 F.2d 890, Respondent has not alleged, Fed. petitioner's substantial prejudice to the respondent. Co. Richards may not be R. Civ. motion denied P. for absent See Andes v. Versant (citing Kenrose Mfg. 895 (4th Cir. 1972)). and the record does not suggest, that Respondent will suffer substantial prejudice if the action Dockets.Justia.com is dismissed. Accordingly, No. 27} will be granted. No. 22) Richards's Motion to Dismiss (ECF Respondent's Motion to Dismiss (ECF will be denied as moot. The action will be dismissed without prejudice. The Clerk is directed to send a copy of this Memorandum Opinion to Richards and counsel of record. I t i s so ORDERED. /s/ Robert E. Payne Senior ISiited States District Judge Richmond, Virginia

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