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ORDER

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

ALTON MCDONALD, on behalf of his minor

children S.M. and D.M.,

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. C06-5126 RJB

ORDER GRANTING PLAINTIFF’S

MOTION FOR VOLUNTARY

DISMISSAL OF ACTION

This matter comes before the Court regarding Plaintiff Alton McDonald’s Motion for Voluntary

Dismissal of Action Without Prejudice. Dkt. 24. 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 10,

2006, Plaintiff McDonald 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 9. Plaintiff requested (1) a declaratory judgement that Defendants have

Case 3:06-cv-05126-RJB Document 25 Filed 05/23/06 Page 1 of 2
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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 9-10. On March 30, 2006, Defendants Gregoire and

Bergeson filed an Answer, denying all allegations. Dkt. 17. On April 28, 2006, Defendant Shoemake

filed an Answer, denying all allegations. Dkt. 23.

Plaintiff McDonald filed this action as a pro se litigant on behalf of his two minor children

without retaining a lawyer. Moreover, Plaintiff McDonald’s two minor children do not have a

Guardian ad Litem in this matter. As explained in the Court’s recent Order (Dkt. 21), both of these

conditions must be remedied before this action can proceed. If Plaintiff McDonald also intends to sue

on his own behalf, that is not made clear in his pleadings.

On May 17, 2006, Plaintiff McDonald filed a motion requesting dismissal of this action

without prejudice pursuant to Fed. R. Civ. P. 41(a)(2). Dkt. 24. To date, Defendants have filed

Answers to Plaintiff’s Complaint, but have not asserted any counterclaims. Dkts. 17 & 23. 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 Alton McDonald’s Motion for Voluntary Dismissal of Action

Without Prejudice (Dkt. 24) 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 

Case 3:06-cv-05126-RJB Document 25 Filed 05/23/06 Page 2 of 2