Kakowski v. Smith et al

Filing 12

ORDER Application to proceed IFP 1 is denied as moot. Motion for appointment of counsel 5 is denied as moot. Motion for voluntary dismissal 11 is granted. This case dismissed in its entirety without prejudice. Cl erk shall send Plaintiff copy of complaint 1 -1. Clerk shall send Plaintiff IFP form with instructions (all copies/forms mailed 10/21/14). Clerk shall enter judgment accordingly. Signed by Judge Robert C. Jones on 10/21/14. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 12 ) ) Plaintiff, ) ) v. ) ) GREG SMITH et al., ) ) Defendants. ) ) ___________________________________ ) 13 I. 7 8 9 10 11 BRIAN KAKOWSKI, 3:14-cv-413-RCJ-WGC ORDER DISCUSSION 14 On October 7, 2014, this Court entered an order giving Plaintiff the option to seek 15 voluntary dismissal of this case, without prejudice, to finish the grievance process and/or await 16 extradition to California. (ECF No. 10 at 2). On October 14, 2014, Plaintiff filed a motion with 17 the Court indicating that he wishes to voluntarily dismiss this case. (ECF No. 11 at 1). Plaintiff 18 requests a copy of his original complaint, exhibits, and an application to proceed in forma 19 pauperis. (Id.). The Court grants Plaintiff’s motion to voluntarily dismiss this case. 20 II. 21 22 23 24 CONCLUSION For the foregoing reasons, IT IS ORDERED that the application to proceed in forma pauperis (ECF No. 1) is denied as moot. IT IS FURTHER ORDERED that the motion for appointment of counsel (ECF No. 5) is denied as moot. 25 IT IS FURTHER ORDERED that the motion for voluntary dismissal (ECF No. 11) is 26 granted. This case is dismissed in its entirety, without prejudice, pursuant to Plaintiff’s 27 voluntary dismissal of the case. 28 IT IS FURTHER ORDERED that the Clerk of the Court shall send Plaintiff a copy of his complaint (ECF No. 1-1). 1 IT IS FURTHER ORDERED that the Clerk of the Court shall send Plaintiff the approved 2 form application to proceed in forma pauperis by a prisoner, as well as the document entitled 3 information and instructions for filing an in forma pauperis application. 4 The Clerk of the Court shall enter judgment accordingly. 5 6 21st DATED: This _____ day of October, 2014. 7 8 _________________________________ United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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