Memorandum and Order — Edward Weaver, No. 4:22-cv-00761-JAR (Dkt. 4, E.D. Mo.)

Summary

In a Memorandum and Order dated August 1, 2022 (E.D. Mo., No. 4:22-cv-00761-JAR), the court granted plaintiff Edward Weaver's motion to voluntarily dismiss the case against ERDCC without prejudice. Weaver had sent a single-page handwritten letter, received July 11, 2022, complaining of excessive force and deliberate indifference to medical needs, and on July 22, 2022 the court ordered an amended complaint on a court-provided form. In the motion, Weaver said caseworkers had since provided the informal resolution requests (IRRs) requested and that Weaver wished to exhaust state remedies first. The court construed the filing as a notice of dismissal under Federal Rule of Civil Procedure 41(a), and a separate order of dismissal was to be entered.

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Case: 4:22-cv-00761-JAR Doc. #: 4 Filed: 08/01/22 Page: 1 of 2 PageID #: 19

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EDWARD WEAVER, )
)
Plaintiff, )
)
V. ) No. 4:22-cv-00761-JAR
)
ERDCC, )
)
Defendant. )

MEMORANDUM AND ORDER

This matter comes before the Court on a document submitted by plaintiff Edward Weaver

that has been construed as a motion to voluntarily dismiss his case. (Docket No. 3). For the reasons

discussed below, the motion will be granted.

On July 11, 2022, the Court received a single-paged, handwritten letter from plaintiff

complaining of excessive force and deliberate indifference to his medical needs. (Docket No. 1).

On July 22, 2022, the Court ordered plaintiff to file an amended complaint on a Court-provided

form. (Docket No. 2). He was also directed to either file a motion for leave to proceed in forma

pauperis or pay the filing fee. Plaintiff was given thirty days in which to respond, and advised that

a failure to respond would result in the dismissal of this action without prejudice and without

further notice.

In the instant motion, plaintiff acknowledges receiving the Court's order, and states that

his caseworkers have subsequently given him the informal resolution requests (IRRs) that he had

requested. As such, he explains that he "would like to [exhaust his] state remedies before [he]

proceed[s] any farther," and that since he has "now been given the proper IRRs and a chance to

1
Case: 4:22-cv-00761-JAR Doc. #: 4 Filed: 08/01/22 Page: 2 of 2 PageID #: 20

[exhaust his] state remedies," he "would like to do that before [he] proceed[s]." Plaintiff closes the

document by thanking the Court.

Because plaintiff has indicated that he does not wish to proceed at this time, the Court has

construed this motion as a notice of dismissal pursuant to Rule 41 (a) of the Federal Rules of Civil

Procedure. See Fed. R. Civ. P. 41(a)(i) (stating that a plaintiff may dismiss an action by filing "a

notice of dismissal before the opposing party serves either an answer or a motion for summary

judgment"). The Court will grant plaintiffs motion and allow him to dismiss his case without

prejudice.

Accordingly,

IT IS HEREBY ORDERED that plaintiffs motion to voluntarily dismiss his case

(Docket No. 3) is GRANTED.

IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. See Fed.

R. Civ. P. 41(a)(i). A separate order of dismissal will be entered herewith.

Dated this 1st day of August, 2022.

UNITED STATES DISTRICT JUDGE

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