Weatherspoon v. Las Vegas Metropolitan Police Department et al

Filing 4

ORDER granting ECF No. 3 Motion to Dismiss. This case is dismissed in its entirety without prejudice. Clerk shall enter judgment accordingly. Signed by Judge Richard F. Boulware, II on 5/4/16. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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TRAVANTI WEATHERSPOON,

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Plaintiff,

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LAS VEGAS METROPOLITAN POLICE
DEPARTMENT et al.,
Defendants.

I.

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DISCUSSION
On April 5, 2016, Plaintiff submitted a civil rights complaint pursuant to 42 U.S.C.

§ 1983 but did not submit an application to proceed in forma pauperis or pay the filing
fee for this action. (ECF No. 1). On April 6, 2016, the Court ordered Plaintiff to file an
application to proceed in forma pauperis or pay the full filing fee for a civil action. (ECF
No. 2). On April 22, 2016, Plaintiff filed a motion to voluntarily dismiss his complaint in
this Court because he wants to proceed in state court. (ECF No. 3).

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ORDER

v.

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Case No. 2:16-cv-00752-RFB-NJK

Pursuant to Federal Rule of Civil Procedure 41(a)(1), 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).

The Court grants Plaintiff’s motion to voluntarily dismiss this action

because no responsive pleading has been filed in this case.
dismisses this action without prejudice.
///

Fed. R. Civ. P.

As such, the Court

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II.

CONCLUSION
For the foregoing reasons, it is ordered that the motion to voluntarily dismiss this

case (ECF No. 3) is granted.

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It is further ordered that this case is dismissed in its entirety without prejudice.

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It is further ordered that the Clerk of the Court shall enter judgment accordingly.

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DATED THIS 4th xx day of May 2016.
XX
4th
__________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
United States District Judge

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