Malone et al v. Baca-Cook et al

Filing 15

ORDER. IT IS ORDERED that the 13 motion for voluntary dismissal is construed as a notice of voluntary dismissal under Rule 41(a)(1)(A)(i), and this action is DISMISSED with prejudice. The Clerk of Court is kindly instructed to close this case. I T IS FURTHER ORDERED that the 1 application to proceed in forma pauperis is denied as moot. This case is now closed. Signed by Judge Cristina D. Silva on 3/10/2025. (For Distribution by law library.) (Copies have been distributed pursuant to the NEF - AMMi)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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3 Domonic R. Malone,
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Case No. 2:24-cv-00745-CDS-BNW
Plaintiff

5 v.

Order Confirming Voluntary
Dismissal and Closing Case

6 Heather Baca-Cook, et al.,
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Defendants

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Plaintiff Domonic Malone brings this civil-rights action to redress constitutional

10 violations that he allegedly suffered while incarcerated at High Desert State Prison. In response to
11 the court’s February 5, 2025, screening order setting a deadline for Malone to file an amended
12 complaint, he filed a motion to dismiss this action with prejudice, arguing that he is unable to
13 litigate here because his criminal case is pending retrial in state court, and wants this action
14 dismissed consistent with the February 5th order. (ECF No. 13). I construe Malone’s motion to be
15 a notice under Federal Rule of Civil Procedure 41(a)(1)(A)(i) voluntarily dismissing this action.
16 Voluntary dismissals do not require a court order when, like here, no party has served “either an
17 answer or a motion for summary judgment[.]” Fed. R. Civ. P. 41(a)(1)(A)(i).
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It is therefore ordered that the motion for voluntary dismissal (ECF No. 13) is construed

19 as a notice of voluntary dismissal under Rule 41(a)(1)(A)(i), and this action is DISMISSED with
20 prejudice. The Clerk of Court is kindly instructed to close this case.
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I further order that the application to proceed in forma pauperis [ECF No. 1] is denied as

22 moot.
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Dated: March 10, 2025
Cristina D. Silva
United States District Judge