Broomfield v. Aranas et al

Filing 10

ORDER granting ECF No. 8 Plaintiff's Motion to Dismiss; this action is dismissed in its entirety without prejudice; denying as moot ECF No. 4 Motion/Application for Leave to Proceed in forma pauperis; Clerk directed to enter judgment accordingly. Signed by Judge Miranda M. Du on 01/10/2017. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 *** STEVEN BROOMFIELD, 10 11 12 Case No. 3:16-cv-00427-MMD-WGC Plaintiff, ORDER v. ROMEO ARANAS et al., Defendants. 13 14 15 Plaintiff, who has counsel for the limited purpose of settlement, previously filed an 16 application to proceed in forma pauperis and a civil rights complaint pursuant to 42 U.S.C. 17 § 1983. (ECF No. 1-1, 4.) The Court has not yet screened the complaint. On December 18 29, 2016, Plaintiff, pro se, filed a motion to dismiss the case in its entirety. (ECF No. 8). 19 On January 5, 2017, Plaintiff’s attorney filed a notice of voluntary dismissal. (ECF No. 9). 20 Pursuant to Federal Rule of Civil Procedure 41(a)(1), a plaintiff may dismiss an 21 action without a court order by filing “a notice of dismissal before the opposing party 22 serves either an answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). 23 The Court grants Plaintiff’s motion to voluntarily dismiss (ECF No. 8) this action because 24 no responsive pleading has been filed in this case. As such, the Court dismisses this 25 action without prejudice. 26 27 28 For the foregoing reasons, it is ordered that the motion for voluntary dismissal (ECF No. 8) is granted. It is further ordered that this action is dismissed in its entirety without prejudice. 1 2 3 It is further ordered that the application to proceed in forma pauperis (ECF No. 4) is denied as moot. It is further ordered that the Clerk of the Court enter judgment accordingly. 4 DATED THIS 10th day of January 2017. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MIRANDA M. DU UNITED STATES DISTRICT JUDGE

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