SUMMERS v. CHELAN COUNTY DISTRICT COURT

No. 2:16-CV-0371-TOR.

RICHARD THOMAS SUMMERS, Plaintiff, v. CHELAN COUNTY DISTRICT COURT; CITY OF WENATCHEE POLICE DEPARTMENT; CITY OF WENATCHEE OFFICE OF CITY ATTORNEY; ROY FORE, Chelan County District Judge; ALICIA NAKATA, Chelan County Superior Judge; NANCY HARMON, Chelan County District Judge; RYAN WEATHERMAN, Wenatchee Police Badge #1K24; GUY BRYANT, Wenatchee Police Badge #1K22; JOSH VIRNIG, Wenatchee Police Badge #1K28; ANDY SUND, Wenatchee Police Badge #1K44; MELISSA BAILEY, City of Wenatchee Attorney; SAMANTHA ZIMMERMAN, City of Wenatchee Attorney; MICHAEL BRADFORD, City of Wenatchee Attorney; and THOMAS WARREN, Chelan County Pro Tempore Judge, Defendants.

United States District Court, E.D. Washington.

Editors Note
Applicable Law: 28 U.S.C. § 1331
Cause: 28 U.S.C. § 1331 Fed. Question
Nature of Suit: 950 Constitutional - State Statute
Source: PACER


Attorney(s) appearing for the Case

Richard Thomas Summers, Plaintiff, Pro Se.

Chelan County District Court, Defendant, represented by Patrick G. McMahon , Carlson McMahon & Sealby PLLC & Susan Elizabeth Hinkle , Chelan County Prosecuting Attorney.

City of Wenatchee Police Department, Defendant, represented by Patrick G. McMahon , Carlson McMahon & Sealby PLLC.

City of Wenatchee Office of City Attorney, Defendant, represented by Steve Douglas Smith , Johnson Gaukroger Smith & Marchant PS & Patrick G. McMahon , Carlson McMahon & Sealby PLLC.

Roy Fore, Defendant, represented by Patrick G. McMahon , Carlson McMahon & Sealby PLLC & Susan Elizabeth Hinkle , Chelan County Prosecuting Attorney.

Alicia Nakata, Defendant, represented by Patrick G. McMahon , Carlson McMahon & Sealby PLLC & Susan Elizabeth Hinkle , Chelan County Prosecuting Attorney.

Nancy Harmon, Defendant, represented by Patrick G. McMahon , Carlson McMahon & Sealby PLLC & Susan Elizabeth Hinkle , Chelan County Prosecuting Attorney.

Ryan Weatherman, Defendant, represented by Patrick G. McMahon , Carlson McMahon & Sealby PLLC.

Guy Bryant, Defendant, represented by Patrick G. McMahon , Carlson McMahon & Sealby PLLC.

Josh Virnig, Defendant, represented by Patrick G. McMahon , Carlson McMahon & Sealby PLLC.

Andy Sund, Defendant, represented by Patrick G. McMahon , Carlson McMahon & Sealby PLLC.

Melissa Bailey, Defendant, represented by Steve Douglas Smith , Johnson Gaukroger Smith & Marchant PS & Patrick G. McMahon , Carlson McMahon & Sealby PLLC.

Samantha Zimmerman, Defendant, represented by Steve Douglas Smith , Johnson Gaukroger Smith & Marchant PS.

Samantha Zimmerman, City of Wenatchee Attorney, Defendant, represented by Patrick G. McMahon , Carlson McMahon & Sealby PLLC.

Michael Bradford, Defendant, represented by Steve Douglas Smith , Johnson Gaukroger Smith & Marchant PS & Patrick G. McMahon , Carlson McMahon & Sealby PLLC.

Thomas Warren, Defendant, represented by Patrick G. McMahon , Carlson McMahon & Sealby PLLC & Susan Elizabeth Hinkle , Chelan County Prosecuting Attorney.


ORDER OF DISMISSAL WITHOUT PREJUDICE

THOMAS O. RICE, Chief District Judge.

BEFORE THE COURT is Plaintiff's Notice and Motion to Dismiss (ECF No. 22). Because Defendants have neither filed an answer nor moved for summary judgment, Plaintiff has an absolute right to voluntarily dismiss this case. Fed. R. Civ. P. 41(a)(1)(A)(i).

ACCORDINGLY, IT IS HEREBY ORDERED:

1. Plaintiff's Notice and Motion to Dismiss (ECF No. 22) is GRANTED. All claims and causes of action in this matter are DISMISSED without prejudice and without costs or fees to any party. 2. Defendants' Joint Motion to Dismiss for Improper Service and Failure to State a Claim (ECF No. 13) is DENIED as moot.

The District Court Executive is directed to enter this Order, furnish copies to the parties who have appeared, and CLOSE the file.


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