Williams-El v. Cox et al

Filing 22

ORDER that the motion for voluntary dismissal (ECF No. 21 ) is granted; this action is dismissed in its entirety with prejudice for failure to state a claim; the application to proceed in forma pauperis (ECF No. 1 ) is denied as moot; Clerk directed to enter judgment. Signed by Judge Robert C. Jones on 11/6/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOHN L. WILLIAMS-EL,

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Case No. 3:15-cv-00422-RCJ-WGC
Plaintiff,

ORDER

v.
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JAMES GREG COX, et al.,
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Defendants.
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I.

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Plaintiff, a pro se prisoner, previously filed an application to proceed in forma
pauperis and submitted a first amended civil rights complaint pursuant to 42 U.S.C. §
1983. (ECF No. 1, 16).

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DISCUSSION

Plaintiff now files a motion requesting that the court dismiss this action with
prejudice for failure to state a claim. (ECF No. 21). Pursuant to Federal Rule of Civil
Procedure 41(a)(1), a plaintiff may dismiss an action without a court order by filing “a
notice of dismissal before the opposing party serves either an answer or a motion for
summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). The Court grants Plaintiff’s motion to
voluntarily dismiss this action because no responsive pleading has been filed in this case.
Therefore, the Court dismisses this action with prejudice for failure to state a claim.
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II.

CONCLUSION
For the foregoing reasons, IT IS ORDERED that the motion for voluntary dismissal

(ECF No. 21) is granted.
IT IS FURTHER ORDERED that this action is dismissed in its entirety with
prejudice for failure to state a claim.
IT IS FURTHER ORDERED that the application to proceed in forma pauperis (ECF
No. 1) is denied as moot.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly.
DATED: This 6th day of November, 2018.
DATED THIS
day of
2018.

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UNITED STATES DISTRICT JUDGE

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