Pratt v. State of Nebraska Department of Corrections et al
Filing
11
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
JUNEAL PRATT
)
)
Plaintiff,
)
)
v.
)
)
STATE OF NEBRASKA DEPARTMENT )
OF CORRECTIONS, et al.,
)
)
Defendants.
)
______________________________)
8:14CV392
MEMORANDUM OPINION
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.”
41(a)(1)(A)(i).
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.
Here,
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.
DATED this 8th day of December, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court
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