IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-10108
USDC No. 5:94-CV-237-C
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WILLIAM BRYAN FROUST,
Plaintiff-Appellant,
versus
UNIDENTIFIED CRIBBS ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
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July 21, 1995
Before DAVIS, SMITH and EMILIO M. GARZA, Circuit Judges.
BY THE COURT:
Because process had not issued and no defendant had filed an
answer, William Bryan Froust had the right to dismiss the instant
suit voluntarily without prejudice. FED. R. CIV. P. 41(a).
Therefore, Froust's motion to appeal IFP is GRANTED. Jackson v.
Dallas Police Dep't, 811 F.2d 260, 261 (5th Cir. 1986). The
order of dismissal is MODIFIED to reflect that the suit is
DISMISSED WITHOUT PREJUDICE and AFFIRMED AS MODIFIED. The appeal
is DISMISSED AS MOOT.