Halverson v. Dzurenda, 3:17-cv-00708-MMD-WGC. (2018)
Court: District Court, D. Nevada
Number: infdco20180327i20
Visitors: 14
Filed: Mar. 26, 2018
Latest Update: Mar. 26, 2018
Summary: ORDER MIRANDA M. DU , District Judge . This is a removed pro se 42 U.S.C. 1983 prisoner civil rights case. (ECF No. 1.) The Court has not yet screened the complaint. Plaintiff now files a motion for voluntary dismissal. (ECF No. 5.) Pursuant to Federal Rule of Civil Procedure 41(a)(1), a plaintiff may dismiss an action without a court order by filing "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(A)(i
Summary: ORDER MIRANDA M. DU , District Judge . This is a removed pro se 42 U.S.C. 1983 prisoner civil rights case. (ECF No. 1.) The Court has not yet screened the complaint. Plaintiff now files a motion for voluntary dismissal. (ECF No. 5.) Pursuant to Federal Rule of Civil Procedure 41(a)(1), a plaintiff may dismiss an action without a court order by filing "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(A)(i)..
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ORDER
MIRANDA M. DU, District Judge.
This is a removed pro se 42 U.S.C. § 1983 prisoner civil rights case. (ECF No. 1.) The Court has not yet screened the complaint.
Plaintiff now files a motion for voluntary dismissal. (ECF No. 5.) Pursuant to Federal Rule of Civil Procedure 41(a)(1), a plaintiff may dismiss an action without a court order by filing "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(A)(i). The Court grants Plaintiff's motion to voluntarily dismiss this action because no responsive pleading has been filed in this case. As such, the Court dismisses this action without prejudice.
For the foregoing reasons, it is ordered that the motion for voluntary dismissal (ECF No. 5) is granted.
It is further ordered that this action is dismissed in its entirety without prejudice.
It is further ordered that the Clerk of the Court enter judgment accordingly.
Source: Leagle
