Sampson v. Director N.D.O.P.

Filing 14

ORDER - The # 13 Motion for voluntary dismissal is granted. The # 5 Application to proceed in forma pauperis is denied as moot. This action is dismissed in its entirety without prejudice. Clerk shall enter judgment accordingly. Signed by Judge Miranda M. Du on 6/8/2015. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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WILLIE SAMPSON,

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Case No. 3:15-cv-00082-MMD-VPC
Plaintiff,

ORDER

v.
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DIRECTOR NEVADA DEPARTMENT OF
CORRECTIONS et al.,

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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 civil rights complaint pursuant to 42 U.S.C. § 1983. (Dkt. no. 5, 5-1.)

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This Court previously entered a screening order dismissing some of Plaintiff’s claims

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with prejudice and some of Plaintiff’s claims with leave to amend. (Dkt. no. 8 at 12.)

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Plaintiff now files a motion for voluntary dismissal. (Dkt. no. 13.) 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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///

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II.

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

(dkt. no. 13) is granted.
It is further ordered that the application to proceed in forma pauperis (dkt. no. 5)
is denied as moot.
It is further ordered that this action is dismissed in its entirety without prejudice.
It is further ordered that the Clerk of the Court shall enter judgment accordingly.
DATED THIS 8th day of June 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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