Nugent-Davi v. Clark County et al

Filing 107

ORDER Granting 102 Plaintiff's Motion to Dismiss. Signed by Judge Miranda M. Du on 1/24/2013. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CINDY NUGENT-DAVI,

Case No. 2:09-cv-01921-MMD-GWF
Plaintiff,

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ORDER
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v.

(Plf.’s Motion to Dismiss
– dkt. no. 102)

CLARK COUNTY, et al.,
Defendants.

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Before the Court is Plaintiff Cindy Nugent-Davi’s Motion to Dismiss. (Dkt. no.

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102.) Nugent-Davi filed this Complaint complaining of civil rights violations arising out of

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her October 2007 arrest and subsequent detention. On July 23, 2012, Nugent-Davi filed

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the instant Motion to Dismiss seeking Court dismissal of this case because of her

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inability to dedicate resources towards its prosecution. Defendant City of Las Vegas

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does not oppose dismissal of the case.

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Nugent-Davi may seek dismissal of this action pursuant to Fed. R. Civ. P. 41(a)(2)

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if the opposing party has already served an answer. Rule 41(a)(2) provides “an action

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may be dismissed at the plaintiff's request only by court order, on terms that the court

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considers proper.” The decision to grant or deny a request pursuant to Rule 41(a)(2) is

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within the sound discretion of the trial court and is reviewed only for abuse of discretion.

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Sams v. Beech Aircraft Corp., 625 F.2d 273, 277 (9th Cir. 1980). Dismissal pursuant to

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Rule 41(a)(2) should be granted unless the defendant can show that it will suffer some

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clear legal prejudice as a result. Smith v. Lenches, 263 F.3d 972, 975 (9th Cir. 2001).

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As no oppositions were filed to Nugent-Davi’s Motion, the Court is satisfied that good

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cause appears to dismiss this suit.

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IT IS THEREFORE HEREBY ORDERED that Plaintiff Cindy Nugent-Davi’s
Motion to Dismiss (dkt. no. 102) is GRANTED.
The Clerk of Court shall close this close accordingly.
DATED THIS 24th day of January 2013.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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