Strawder v. State of Nebraska et al

Filing 48

MEMORANDUM AND ORDER - Plaintiff's request for dismissal of this action (Filing No. 47 ) is granted. Accordingly, this matter is dismissed without prejudice. Plaintiff's Motion for Leave to File a Second Amended Complaint (Filing No. 46 ) is denied as moot. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
THOMAS DUANE STRAWDER
also known as James T. Hall,
4:16CV3161
Plaintiff,
MEMORANDUM
AND ORDER

vs.
STATE OF NEBRASKA, et al.,
Defendants.

This matter is before the court on Plaintiff’s Motion to Dismiss (Filing No.
47), 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:
1.
Plaintiff’s request for dismissal of this action (Filing No. 47) is
granted. Accordingly, this matter is dismissed without prejudice.
2.
Plaintiff’s Motion for Leave to File a Second Amended Complaint
(Filing No. 46) is denied as moot.

2.
A separate judgment will be entered in accordance with this
Memorandum and Order.
Dated this 7th day of February, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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