Griswold v. Hanson

Filing 22

MEMORANDUM AND ORDER - Plaintiff's request for dismissal of this action (Filing No. 21) is granted. Accordingly, this matter is dismissed without prejudice. All other pending motions (Filing Nos. 9, 10, 11, 12, 13, 14, 15, 16, and 19) are 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) (KMM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICHARD A. GRISWOLD,
Plaintiff,

4:17CV3134

vs.
BRAD HANSON, Warden at TSCI;

MEMORANDUM
AND ORDER

Defendant.
This matter is before the court on Plaintiff’s “Motion of Voluntary Dismissal
of Action” pursuant to Federal Rule of Civil Procedure 41. (Filing No. 21.) 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. 21) is
granted. Accordingly, this matter is dismissed without prejudice.
2.
All other pending motions (Filing Nos. 9, 10, 11, 12, 13, 14, 15, 16,
and 19) are denied as moot.
2.
A separate judgment will be entered in accordance with this
Memorandum and Order.

Dated this 15th day of March, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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