Brodsky v. Baca et al

Filing 11

ORDER granting 10 motion to allow voluntary dismissal. Screening Order 8 is vacated. Complaint 9 is dismissed in its entirety, without prejudice. Dismissal does not constitute a "strike" under PLRA. Signed by Judge Robert C. Jones on 1/27/16. (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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JOSHUA D. BRODSKY,

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Plaintiff,
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v.
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WARDEN BACA, et al.,
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Defendants.
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___________________________________ )

Case No. 3:15-cv-00223-RCJ-VPC

ORDER

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I.

DISCUSSION

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On December 3, 2015, the Court issued a Screening Order (ECF No. 8) dismissing
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Plaintiff’s § 1983 claims, with and without leave to amend. On December 23, 2015, Plaintiff
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filed a motion requesting either a six month extension to amend his complaint or voluntary
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dismissal of his complaint without prejudice, and that such dismissal not be counted as a
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“strike” under the Prison Litigation Reform Act (“PLRA”). The Court finds good cause to
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dismiss Plaintiff’s complaint without prejudice and will grant Plaintiff’s motion for voluntary
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dismissal.
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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that the Court’s Screening Order (ECF No.
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8) is hereby VACATED.
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IT IS FURTHER ORDERED that Plaintiff’s motion to allow voluntary dismissal (ECF No.
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10) is GRANTED.
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IT IS FURTHER ORDERED that the complaint (ECF No. 9) is dismissed in its entirety,
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without prejudice.
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IT IS FURTHER ORDERED that this dismissal does not constitute a “strike” under the

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PLRA.

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DATED: This 27th day of January, 2016.
DATED: This _____ day of January, 2016.

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_________________________________
United States District Judge

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