White v. Henderson et al

Filing 8

ORDER. IT IS ORDERED that 7 the motion for voluntary dismissal is GRANTED. IT IS FURTHER ORDERED that this action is dismissed in its entirety without prejudice. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. Signed by Judge Richard F. Boulware, II on 1/10/2018. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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TONEY A. WHITE,

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Plaintiff,

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Case No. 2:17-cv-00760-RFB-GWF
ORDER

v.
D. HENDERSON et al.,

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Defendants.

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I.

DISCUSSION

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Plaintiff, a pro se inmate, previously filed an application to proceed in forma

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pauperis and submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No.

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1-1, 4). The Court has not yet screened the complaint.

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Plaintiff now files a motion for voluntary dismissal. (ECF No. 7). Pursuant to

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Federal Rule of Civil Procedure 41(a)(1), a plaintiff may dismiss an action without a court

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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

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Plaintiff’s motion to voluntarily dismiss this action because no responsive pleading has

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been filed in this case. As such, the Court dismisses this action without prejudice.

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that the motion for voluntary dismissal

(ECF No. 7) is granted.

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IT IS FURTHER ORDERED that this action is dismissed in its entirety without
prejudice.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly.

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DATED this 10th day of January, 2018.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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