Brown v. Florence McClure Facility

Filing 7

ORDER granting 6 Motion to Dismiss Case without Prejudice and Denying as moot 1 Application for Leave to Proceed in forma pauperis. The Clerk of the Court is directed to enter judgment accordingly and to close this case. Signed by Judge Cristina D. Silva on 5/8/2024. (Copies have been distributed pursuant to the NEF - MAM)

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1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 4 Jessica Brown, Order Dismissing and Closing Case Plaintiff 5 6 Case No. 2:24-cv-00426-CDS-NJK v. 7 Florence Mcclure Facility, 8 Defendant 9 10 Plaintiff Jessica Brown has filed a motion asking that this case be dismissed without 11 prejudice. ECF No. 6. Under Federal Rule of Civil Procedure 41(a)(1), a plaintiff may dismiss an 12 action without a court order by filing “a notice of dismissal before the opposing party serves either 13 an answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). The complaint has 14 not been served on the defendant, and thus the defendant has not filed an answer or a motion for 15 summary judgment. Accordingly, I grant Brown’s motion to voluntarily dismiss this action. 16 For the foregoing reasons: 17 IT IS ORDERED that Brown’s motion to dismiss this case [ECF No. 6] is granted. This 18 case is dismissed in its entirety, without prejudice. 19 IT IS FURTHER ORDERED that Brown’s application to proceed in forma pauperis [ECF 20 No. 1] is DENIED as moot. 21 The Clerk of the Court is directed to enter judgment accordingly and to close this case. 22 Dated: May 8, 2024 23 24 25 26 27 28 United States District Judge

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