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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

SANDRA NEAL, on behalf of her minor child

R.B.,

Plaintiff,

v.

CHRISTINE O. GREGOIRE, Governor of the

State of Washington; DR. TERRY

BERGESON, Superintendent of Public

Instructions; JAMES F. SHOEMAKE,

Superintendent Tacoma School District #10, 

Defendants.

Case No. C06-5138 RJB

ORDER GRANTING PLAINTIFF’S

MOTION FOR VOLUNTARY

DISMISSAL OF ACTION

This matter comes before the Court regarding Plaintiff Sandra Neal’s Motion for Voluntary

Dismissal of Action Without Prejudice. Dkt. 15. The Court has considered the pleadings filed in this

matter and the record herein.

FACTUAL AND PROCEDURAL HISTORY

This dispute arose from the State of Washington’s requirement that high school students pass

the Washington Assessment of Student Learning (WASL) exam prior to graduation. On March 15,

2006, Plaintiff Neal filed a Complaint in federal court, alleging that the WASL exam unfairly

discriminates against low income and minority students, and is therefore unconstitutional pursuant to

Title VI of the 1964 Civil Rights Act as amended, as well as other sections of the United States

Constitution. Dkt. 1(1) at 2-8. Plaintiff requested (1) a declaratory judgement that Defendants have

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ORDER

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violated Title VI of the 1964 Civil Rights Act and/or other rights guaranteed by the United States

Constitution, (2) an injunction preventing Defendants from further administering the WASL, (3) an

order requiring Defendants to provide “necessary funding and effective curriculum” in order to train

Plaintiff’s son to take the WASL exam, and (4) damages in the amount of $250,000.00 for further

remedial training and emotional distress. Id. at 7-8. On April 5, 2006, Defendants Gregoire and

Bergeson filed an Answer, denying all allegations. Dkt. 8. On April 28, 2006, Defendant Shoemake

filed an Answer, denying all allegations. Dkt. 14.

Plaintiff Neal filed this action as a pro se litigant on behalf of her minor child without retaining

a lawyer. Moreover, Plaintiff Neal’s minor child does not have a Guardian ad Litem in this matter. 

As explained in the Court’s recent Order (Dkt. 12), both of these conditions must be remedied before

this action can proceed. If Plaintiff Neal also intends to sue on her own behalf, that is not made clear

in her pleadings.

On May 17, 2006, Plaintiff Neal filed a motion requesting dismissal of this action without

prejudice pursuant to Fed. R. Civ. P. 41(a)(2). Dkt. 15. To date, Defendants have filed Answers to

Plaintiff’s Complaint, but have not asserted any counterclaims. Dkts. 8 & 14. A review of the file by

the Court indicates that dismissal of this action, pursuant to Fed. R. Civ. P. 41(a)(2), is appropriate at

this time.

ORDER

Therefore, it is hereby

ORDERED that Plaintiff Sandra Neal’s Motion for Voluntary Dismissal of Action Without

Prejudice (Dkt. 15) is GRANTED, and this case is hereby DISMISSED without prejudice. 

The Clerk of the Court is instructed to send uncertified copies of this Order to all counsel of

record and to any party appearing pro se at said party’s last known address.

DATED this 23rd day of May, 2006.

ARobert J. Bryan

United States District Judge 

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