Owens v. Zastera et al

Filing 6

MEMORANDUM AND ORDER granting 5 Plaintiff's Motion to Voluntarily Dismiss. This matter is dismissed without prejudice. Plaintiff's Motion for Leave to Proceed in forma pauperis 2 is denied. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GARY OWENS,
Plaintiff,
v.
WILLIAM ZASTERA, et al.,
Defendants.

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8:14CV8

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Motion to Voluntarily Dismiss.
(Filing No. 5.) 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 Complaint in this matter on January 13, 2014 (filing no. 1),
and his Motion to Voluntarily Dismiss on January 16, 2014 (filing no. 5). In his
Motion, Plaintiff asks the court to dismiss this matter because he “got his legal
matters resolved in Sarpy County Court.” (Filing No. 5.) Defendants have not yet
been served with Plaintiff’s Complaint. (See Docket Sheet.) In light of this,
Plaintiff’s Motion to Voluntarily Dismiss is granted in accordance with Federal Rule
of Civil Procedure 41(a) and this matter is dismissed without prejudice.
IT IS THEREFORE ORDERED that:
1.
Plaintiff’s Motion to Voluntarily Dismiss (filing no. 5) is granted and
this matter is dismissed without prejudice.

2.
is denied.

Plaintiff’s Motion for Leave to Proceed in forma pauperis (filing no. 2)

3.
A separate judgment will be entered in accordance with this
Memorandum and Order.
DATED this 27th day of January, 2014.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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