Stewart v. Oursland

Filing 13

MEMORANDUM AND ORDER - The plaintiff's Motion to Dismiss Complaint (Filing No. 12 ), construed as a motion for voluntary dismissal, is granted. The plaintiff's claims are dismissed without prejudice. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party) (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CRUSE STEWART,

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Plaintiff,
v.
KEVIN OURSLAND,
Defendant.

4:12CV3070

MEMORANDUM
AND ORDER ON PLAINTIFF’S
MOTION TO DISMISS COMPLAINT

This matter is before me on the plaintiff’s Motion to Dismiss Complaint, which I liberally
construe as a motion for voluntary dismissal filed pursuant to Federal Rule of Civil Procedure 41.
(Filing No. 12.) In his motion, Cruse Stewart, the plaintiff, states, “I have decided to wait until I am
released from my incarceration to pursue any further action.” (Id.) The defendant has not yet been
served with summons, and I find that voluntary dismissal is warranted under the circumstances.
However, I caution Stewart that any future claims must be filed within the applicable statute of
limitations.
IT IS THEREFORE ORDERED that:
1.
the plaintiff’s Motion to Dismiss Complaint (Filing No. 12), construed as a motion
for voluntary dismissal, is granted. The plaintiff’s claims are dismissed without prejudice; and
2.

a separate judgment will be entered in accordance with this memorandum and order.

Dated September 12, 2012.
BY THE COURT

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Warren K. Urbom
United States Senior District Judge