Reberger v. Byrne et al

Filing 7

ORDER DISMISSING CASE. Motion for voluntary dismissal 6 is granted. This action dismissed without prejudice. Clerk shall enter judgment accordingly. Signed by Judge Miranda M. Du on 3/6/15. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LANCE REBERGER,

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Plaintiff,

ORDER

v.

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Case No. 3:15-cv-00064-MMD-VPC

MICHAEL BYRNE, et al.,
Defendants.

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I.

DISCUSSION

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Plaintiff, a pro se prisoner, previously filed an application to proceed in forma

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pauperis and a motion for temporary restraining order and permanent injunction. (Dkt.

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no. 1, 1-1.) This Court denied the application to proceed in forma pauperis because

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Plaintiff had three strikes pursuant to 28 U.S.C. § 1915(g) and denied the motion for

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temporary restraining order and permanent injunction. (Dkt. no. 3 at 2, 5.)

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Plaintiff now files a motion for voluntary dismissal. (Dkt. no. 6.) Pursuant to

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Federal Rule of Civil Procedure 41(a)(1), a plaintiff may dismiss an action without a

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court order by filing “a notice of dismissal before the opposing party serves either an

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answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). The Court

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grants Plaintiff’s motion to voluntarily dismiss this action because no responsive

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pleading has been filed in this case. As such, the Court dismisses this action without

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prejudice.

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II.

CONCLUSION
For the foregoing reasons, it is ordered that the motion for voluntary dismissal

(dkt. no. 6) is granted.

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It is further ordered that this action is dismissed in its entirety without prejudice.

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It is further ordered that the Clerk of the Court shall enter judgment accordingly.

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DATED THIS 6th day of March 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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