Concannon v. Nebraska Department of Corrections et al
MEMORANDUM AND ORDER that Plaintiff's request for dismissal of this action (Filing No. 20 ) is granted. Accordingly, this matter is dismissed without prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed/e-mailed to pro se party)(DKM, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NEBRASKA DEPARTMENT OF
CORRECTIONS, et al.,
This matter is before the court on Plaintiff’s correspondence dated July 9, 2015
(Filing No. 20), 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, Plaintiff asks the court to dismiss this action and
Defendants have not been served with process. Accordingly,
IT IS THEREFORE ORDERED that:
Plaintiff’s request for dismissal of this action (Filing No. 20) is granted.
Accordingly, this matter is dismissed without prejudice.
A separate judgment will be entered in accordance with this
Memorandum and Order.
DATED this 16th day of July, 2015.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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