Marshall v. Clark, No. 3:2018cv00099 - Document 11 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge Robert E. Payne on 06/05/2018. Copy mailed to Petitioner as directed.(ccol, )
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Marshall v. Clark Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division SHAYQUON QUONTAE MARSHALL, Petitioner, V, Civil Action No. 3:18CV99 HAROLD W. CLARK, Respondent. MEMORANDUM OPINION Shayquon Quontae Marshall, a Virginia inmate proceeding pro submitted a 28 U.S.C. ยง 2254 petition. On April 4, 2018, Marshall moved to voluntarily dismiss the action. Civ. P. 41(a)(2). See Fed. R. Respondent has not objected to the dismissal. A party's "motion under Rule 41(a)(2) for dismissal without prejudice should not be denied absent substantial prejudice to the defendant." Andes v. Versant Corp., 788 F.2d 1033, 1036 (4th Cir. 1986) (citing Kenrose Mfq. Co. v. Fred Whitaker Co., 512 F.2d 890, 895 (4th Cir. 1972)). Accordingly, Marshall's Motion to Voluntarily Dismiss (ECF No. 10) will be granted. The action will be dismissed without prejudice. The Clerk is directed to send a copy of the Memorandum Opinion to Marshall and counsel of record. It is so ORDERED. /s/ Robert E. Payne Date: Richmond, Virginia (U/> Senior l&iited States District Judge Dockets.Justia.com
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