Kurtze v. Lombardo et al

Filing 8

ORDER granting 6 Motion for Voluntary Dismissal. FURTHER ORDERED that 1 Motion/Application for Leave to Proceed in forma pauperis is denied as moot. FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. Signed by Judge James C. Mahan on 9/21/2018. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GIOVANNI KURTZE,

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Case No. 2:17-cv-02886-JCM-CWH
Plaintiff,

ORDER

v.
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JOSEPH LOMBARDO, et al.,
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Defendants.
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I.

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Plaintiff, a pro se prisoner, previously filed an application to proceed in forma
pauperis and submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No.
1, 1-1.) The Court has not yet screened the complaint.

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DISCUSSION

Plaintiff now files a motion for voluntary dismissal. (ECF No. 6.) 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.” Fed. R. Civ. P. 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. Therefore, the Court dismisses this action without prejudice.
II.

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

(ECF No. 6) 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 application to proceed in forma pauperis (ECF
No. 1) is denied as moot.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly.

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DATED THIS
Septemberday of
21, 2018.

2018.

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UNITED STATES DISTRICT JUDGE
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