Dixon v. Rivas et al

Filing 4

ORDER Denying as Moot 1 Motion/Application for Leave to Proceed in forma pauperis. ORDER Granting 3 Motion for voluntary dismissal. IT IS FURTHER ORDERED that this action is dismissed in its entirety without prejudice and the Clerk of the Court is directed to CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 9/19/2022. (Copies have been distributed pursuant to the NEF - LOE)

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Case 2:22-cv-01464-JAD-VCF Document 4 Filed 09/19/22 Page 1 of 2 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Seanah Dixon, 5 David Rivas, et al., 7 Defendants 8 9 10 11 12 13 14 15 16 17 Plaintiff v. 6 [ECF Nos. 1, 3] 1983, claiming that her rights were violated during her time at High Desert State Prison. She submitted an application to proceed in forma pauperis and a civil-rights complaint. 1 One week after bringing this action, Dixon filed a motion for voluntary dismissal, stating that she “elects to voluntarily dismiss this action” as “duplicative and filed in error.” 2 Under 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.” 3 I grant Dixon’s motion to voluntarily dismiss this action because no responsive pleading has been filed. Thus, I dismiss this action without prejudice. IT IS THEREFORE ORDERED that: 19 20 • Dixon’s motion for voluntary dismissal [ECF No. 3] is GRANTED; and • Dixon’s application to proceed in forma pauperis [ECF No. 1] is DENIED AS MOOT. 21 23 Order Dismissing and Closing Case On September 8, 2022, Plaintiff Seanah Dixon brought this civil-rights lawsuit under § 18 22 Case No. 2:22-cv-01464-JAD-VCF 1 ECF Nos. 1, 1-1. 2 ECF No. 3. 3 Fed. R. Civ. P. 41(a)(1)(A)(i). Case 2:22-cv-01464-JAD-VCF Document 4 Filed 09/19/22 Page 2 of 2 1 IT IS FURTHER ORDERED that this action is dismissed in its entirety without prejudice 2 and the Clerk of the Court is directed to CLOSE THIS CASE. 3 4 5 Dated: September 19, 2022 _________________________________ U.S. District Judge Jennifer A. Dorsey 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2

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