Oliveira v. County Attorney

Filing 12

MEMORANDUM AND ORDER - Plaintiff shall have until October 24, 2013, to file an objection to the dismissal of this matter. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: October 24, 2013: Deadline for Plaintiff to file objection. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (AOA) Modified on 10/9/2013 to correct spelling (AOA).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOSE CARLOS OLIVEIRA,
Petitioner,
v.
COUNTY ATTORNEY, and
UNITED STATES ATTORNEY
FOR THE DISTRICT OF
NEBRASKA,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

8:13CV147

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Motion for Voluntary Dismissal.
(Filing No. 9.) Pursuant to Fed. R. Civ. P. 41, a plaintiff may dismiss an action by
filing a notice of dismissal before the opposing party serves either an answer or a
motion for summary judgment, or by filing a stipulation of dismissal signed by all
parties who have appeared. Fed. R. Civ. P. 41(a)(1). In addition, a court may grant
a request for voluntary dismissal “on terms that the court considers proper.” Fed. R.
Civ. P. 41(a)(2).
Plaintiff filed his Motion for Voluntary Dismissal on August 28, 2013. (Filing
No. 9.) In his Motion, Plaintiff states that his “Complaint was filed in error, and for
the reason that Plaintiff is in the custody of the State of Nebraska for murder.” (Id.
at CM/ECF p. 1.) Plaintiff is proceeding pro se in this matter and the Motion for
Voluntary Dismissal was filed by and through Plaintiff’s counsel in a separate
proceeding. (Id. at CM/ECF p. 2.) Plaintiff has personally signed the Motion, but it
is not notarized. (Id.)
In light these findings, and out of an abundance of caution, the court will
provide Plaintiff until October 24, 2013, to object to dismissal. If an objection is not

filed, the court will grant his Motion for Voluntary Dismissal and this matter will be
dismissed without prejudice.
IT IS THEREFORE ORDERED that:
1.
Plaintiff shall have until October 24, 2013, to file an objection to the
dismissal of this matter.
2.
The Clerk of the court is directed to set a pro se case management
deadline in this matter with the following text: October 24, 2013: Deadline for
Plaintiff to file objection.
DATED this 9th day of October, 2013.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The
U.S. District Court for the District of Nebraska does not endorse, recommend,
approve, or guarantee any third parties or the services or products they provide on
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.
2