Espinosa v. Carpenter et al

Filing 7

ORDER - The motion for voluntary dismissal (ECF No. 6 ) is granted. It is further ordered that this action is dismissed in its entirety without prejudice. It is further ordered that the Clerk of the Court enter judgment accordingly. Signed by Judge Miranda M. Du on 6/21/2017. (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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***
BENJAMIN W. ESPINOSA,

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Case No. 3:16-cv-00573-MMD-VPC
Plaintiff,

ORDER

v.
TARA CARPENTER et al.,
Defendants.

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Plaintiff, a pro se prisoner, previously filed an application to proceed in forma

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pauperis and a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1, 1-1.) The

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Court has not yet screened the complaint.

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Plaintiff now files a motion for voluntary dismissal. (ECF No. 6.) Pursuant to

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Federal Rule of Civil Procedure 41(a)(1), a plaintiff may dismiss an action without a court

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order by filing “a notice of dismissal before the opposing party serves either an answer or

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a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). The Court grants Plaintiff’s

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motion to voluntarily dismiss this action because no responsive pleading has been filed

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in this case. As such, the Court dismisses this action without prejudice.

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For the foregoing reasons, it is ordered that the motion for voluntary dismissal
(ECF No. 6) is granted.

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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 enter judgment accordingly.

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DATED THIS 21st day of June, 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE