Williams v. State of Nevada et al

Filing 5

ORDER granting 4 Motion for Voluntary Dismissal; denying as moot 1 IFP application; dismissing this action in its entirety without prejudice; directing Clerk to enter judgment accordingly. Signed by Judge Miranda M. Du on 11/25/2015. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BRANDON C. WILLIAMS,

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Case No. 3:15-cv-00481-MMD-VPC
Plaintiff,

ORDER

v.
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STATE OF NEVADA 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 submitted a 42 U.S.C. § 1983 civil rights complaint. (Dkt. no. 1, 1-1.) On

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October 19, 2015, Plaintiff filed a motion seeking to voluntarily dismiss his case. (Dkt.

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no. 4.)

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Pursuant to Federal Rule of Civil Procedure 41(a)(1), a plaintiff may dismiss an

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action without a court order by filing “a notice of dismissal before the opposing party

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serves either an answer or a motion for summary judgment.” Fed. R. Civ. P.

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41(a)(1)(A)(i). The Court grants Plaintiff’s motion to voluntarily dismiss this action

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because no responsive pleading has been filed in this case. As such, the Court

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dismisses this action without prejudice.

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II.

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

(dkt. no. 4) is granted.

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It is further ordered that the application to proceed in forma pauperis (dkt. no. 1)
is denied as moot.

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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 25th day of November 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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