Green v. Moeller et al

Filing 31

ORDER Dismissing this action without prejudice. Denying as moot 26 Motion to Dismiss. Signed by Judge Jennifer A. Dorsey on 2/3/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Ronald L. Green,
Case No. 2:13-cv-739-JAD-PAL
Plaintiff,

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v.

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Herman F. Moeller et al,

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Order Dismissing Action
Defendants.

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Pro se plaintiff Ronald L. Green, an employee of the Internal Revenue Service, alleges that

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his Fourth Amendment rights were violated during an EEOC proceeding he initiated to obtain

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employee medical benefits. He commenced this action on April 30, 2013, and amended his

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complaint on July 5, 2013. The Clerk entered various defaults, but those defaults were later reversed

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upon motion. See Docs. 19, 20, 25. The Defendants filed a motion to dismiss this action on

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December 27, 2013, arguing, inter alia, that Plaintiff failed to allege facts to state a viable claim,

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Defendant Moeller is entitled to qualified immunity, and Plaintiff’s Bivens claims against Moeller

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are time-barred. Doc. 26. In response, Plaintiff moves this Court for permission to withdraw his

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claims. Doc. 29. Defendants have offered no response to this request.

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The Court treats Green’s request as a motion for voluntary dismissal pursuant to Federal

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Rule of Civil Procedure 41(a). See Bernhardt v. Los Angeles Cnty., 339 F.3d 920, 925 (9th Cir.

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2003) (acknowledging that courts must construe pro se motions and pleadings liberally). Rule

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41(a)(1) allows voluntary dismissal by the plaintiff without a court order if the plaintiff files a notice

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of dismissal “before the opposing party serves either an answer or a motion for summary judgment.”

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Fed. R. Civ. Proc. 41(a)(1). Rule 41(a)(2) permits the court to dismiss an action at the plaintiff’s

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request “only by court order, on terms that the court considers proper.” Fed. R. Civ. Proc. 41(a)(2).

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No defendant has answered or moved for summary judgment, and thus, Plaintiff could have secured

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dismissal merely by filing a Rule 41(a)(1) notice. Thus, the Court finds good cause to order

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dismissal of this action under 41(a)(2).

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Accordingly, for good cause appearing and with no reason for delay,

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IT IS HEREBY ORDERED that this action is DISMISSED without prejudice. Defendants’

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Motion to Dismiss [Doc. 26] is DENIED as moot.
DATED February 3, 2014.

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______________________________________
Jennifer A. Dorsey
United States District Court Judge

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