Wright v. Arias et al

Filing 16

ORDER - Plaintiff's Motion to dismiss (ECF No. 15 ) is granted. Plaintiff's remaining claim as alleged in Count III is dismissed. The Clerk is directed to close this case. Signed by Judge Miranda M. Du on 8/1/2017. (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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***

7 DASHAUN WRIGHT,
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Case No. 3:16-cv-00437-MMD-WGC
Plaintiff,

ORDER

v.
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GONZALAS ARIAS, et al.,
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Defendants.
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After screening Plaintiff’s complaint pursuant to 28 U.S.C. § 1915A, the Court

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permitted Plaintiff to proceed with part of Count III, dismissed Count II with prejudice and

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dismissed Counts I and part of Count III without prejudice and with leave to amend. (ECF

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No. 4.) This case then proceeded only on part of Count III alleging a violation of Plaintiff’s

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First Amendment right to send mail because Plaintiff failed to file an amended complaint

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within the thirty-day time established by the Court. (ECF No. 6.) Plaintiff now asks the

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Court to dismiss this remaining claim in Count III because he has elected not to pursue

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this claim, but to pursue his appellate rights with respect to the Court’s dismissal of his

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other claims. (ECF No. 15.)

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Fed. R. Civ. P. 41(a)(1)(i) provides for a plaintiff to dismiss a court action without a

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court order before the opposing parties serve their response. Accordingly, Plaintiff’s

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motion to dismiss (ECF No. 15) is granted. Plaintiff’s remaining claim as alleged in Count

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III is dismissed.

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The Clerk is directed to close this case.

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DATED THIS 1st day of August 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE