Golden v. Chambers

Filing 12

MEMORANDUM AND ORDER - Plaintiff's request for dismissal of this action (Filing No. 11 ) is granted. Accordingly, this matter is dismissed without prejudice. 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)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KELLY MARINUS GOLDEN,
Plaintiff,
v.
CHAMBERS, Sen.,
Defendant.

)
)
)
)
)
)
)
)
)

8:15CV145

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s correspondence dated June 15,
2015 (Filing No. 11), 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. 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. 11) is granted.
Accordingly, this matter is dismissed without prejudice.
2.
A separate judgment will be entered in accordance with this
Memorandum and Order.

DATED this 17th day of June, 2015.
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