Lester v. Cox et al

Filing 8

ORDER DISMISSING CASE without prejudice. Signed by Chief Judge Gloria M. Navarro on 2/24/2015. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LANCE LESTER,

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Plaintiff,
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v.
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JAMES COX et al.,
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Defendants.
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_____________________________________)

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I.

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Case No. 2:15-cv-00007-GMN-NJK
ORDER

DISCUSSION

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On January 13, 2015, this Court issued a screening order dismissing Plaintiff’s complaint

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in its entirety, without prejudice, with leave to amend. (ECF No. 5 at 8). This Court granted

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Plaintiff 30 days from the date of that order to file his amended complaint or the Court would

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dismiss the case without prejudice. (Id.).

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On January 16, 2015, Plaintiff filed a letter requesting that the Court cancel his filings in

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this case because his case was premature and he needed to correct the errors to survive the

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screening process. (ECF No. 7-1 at 1). The Court interprets this letter as a motion to voluntarily

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dismiss this action.

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Pursuant to Federal Rule of Civil Procedure 41, a plaintiff may dismiss an action without

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a court order by filing a notice of dismissal before the opposing party serves either an answer or

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a motion for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)(i). The Court grants Plaintiff’s

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motion to voluntarily dismiss this case because no responsive pleading has been served in this

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case. As such, the Court dismisses this case without prejudice.

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that the Court interprets Plaintiff’s letter

(ECF No. 7-1) as a motion to voluntarily dismiss this case.

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IT IS FURTHER ORDERED that the Court GRANTS the motion to voluntarily

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DISMISS this case, without prejudice, pursuant to Federal Rule of Civil Procedure

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41(a)(1)(A)(i).

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DATED this 24th day of February, 2015.

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_________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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