Pratt v. State of Nebraska Department of Corrections et al
MEMORANDUM OPINION that Plaintiff's "Motion to Withdraw 1983 Complaint" (Filing No. 10), which the Court liberally construes as a motion to voluntarily dismiss, will be granted. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (MBM)
IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
STATE OF NEBRASKA DEPARTMENT )
OF CORRECTIONS, et al.,
This matter is before the Court on plaintiff’s “Motion
to Withdraw 1983 Complaint” (Filing No. 10), 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.
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).
defendants have not been served with process.
“Motion to Withdraw 1983 Complaint” (Filing No. 10), which the
Court liberally construes as a motion to voluntarily dismiss,
will be granted.
A separate order will be entered in accordance
with this memorandum opinion.
DATED this 8th day of December, 2014.
BY THE COURT:
/s/ Lyle E. Strom
LYLE E. STROM, Senior Judge
United States District Court
* 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.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?