Rivera v. Worley, 2:18-cv-01895-APG-VCF. (2019)
Court: District Court, D. Nevada
Number: infdco20190530e68
Visitors: 5
Filed: May 28, 2019
Latest Update: May 28, 2019
Summary: ORDER ANDREW P. GORDON , District Judge . Plaintiff Ariel Rivera is a prisoner in the custody of the Nevada Department of Corrections ("NDOC"). Rivera initiated this case in state court, and the defendants removed it to this court. ECF No. 4. I have not yet screened the complaint. Rivera now files a motion for an "order to withdraw 1983 civil complaint," stating that he "must pull [his] suit against the Henderson Police Department." ECF No. 22 at 2. I interpret this as a motion to voluntar
Summary: ORDER ANDREW P. GORDON , District Judge . Plaintiff Ariel Rivera is a prisoner in the custody of the Nevada Department of Corrections ("NDOC"). Rivera initiated this case in state court, and the defendants removed it to this court. ECF No. 4. I have not yet screened the complaint. Rivera now files a motion for an "order to withdraw 1983 civil complaint," stating that he "must pull [his] suit against the Henderson Police Department." ECF No. 22 at 2. I interpret this as a motion to voluntari..
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ORDER
ANDREW P. GORDON, District Judge.
Plaintiff Ariel Rivera is a prisoner in the custody of the Nevada Department of Corrections ("NDOC"). Rivera initiated this case in state court, and the defendants removed it to this court. ECF No. 4. I have not yet screened the complaint.
Rivera now files a motion for an "order to withdraw 1983 civil complaint," stating that he "must pull [his] suit against the Henderson Police Department." ECF No. 22 at 2. I interpret this as a motion to voluntarily dismiss this case.
Under 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). I grant Rivera's motion to voluntarily dismiss this action because no responsive pleading has been filed in this case.
IT IS ORDERED that the plaintiff's motion to withdraw his complaint (ECF No. 22) is construed as a motion for voluntary dismissal and is granted.
It is further ordered that all outstanding motions (ECF Nos. 11, 13, 14, 19) are denied as moot.
It is further ordered that this action is dismissed in its entirety without prejudice. The Clerk of the Court is directed to close the case and enter judgment accordingly.
Source: Leagle
