Baker v. Kozeny et al

Filing 14

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's "Request to Dismiss Action" (Filing No. 13 ), which the court liberally construes as a motion to voluntarily dismiss, is granted. Accordingly, this matter is dismisse d without prejudice. Plaintiff's Motions for Appointment of Counsel (Filing No. 8 and Filing No. 12 ) are denied as moot. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
REGINALD G. BAKER,
Plaintiff,
v.
JEFFREY KOZENY, et al.,
Defendants.

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4:14CV3102

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s “Request to Dismiss Action”
(Filing No. 13), which the court liberally construes as a motion to voluntarily dismiss
pursuant to Federal Rule of Civil Procedure 41. Rule 41(a) states that 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). In addition, Rule 41(a)(2) provides that an action may be
dismissed at the plaintiff’s request “on terms that the court considers proper.” Fed.
R. Civ. P. 41(a)(2). Here, Defendants have not been served with process.
Accordingly,
IT IS THEREFORE ORDERED that:
1.
Plaintiff’s “Request to Dismiss Action” (Filing No. 13), which the court
liberally construes as a motion to voluntarily dismiss, is granted. Accordingly, this
matter is dismissed without prejudice.
2.
Plaintiff’s Motions for Appointment of Counsel (Filing No. 8 and Filing
No. 12) are denied as moot.

3.
A separate judgment will be entered in accordance with this
Memorandum and Order.
DATED this 12th day of June, 2014.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The court accepts
no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs
the user to some other site does not affect the opinion of the court.

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