Espinosa v. Dzurenda et al

Filing 10

ORDERED the motion for voluntary dismissal (ECF No. [9)] is granted. This action is dismissed in its entirety without prejudice. The Clerk of the Court enter judgment accordingly. Signed by Judge Miranda M. Du on 10/1/2018. (Copies have been distributed pursuant to the NEF - DRM)

1
2
3

UNITED STATES DISTRICT COURT

4

DISTRICT OF NEVADA

5

***

6

BENJAMIN W. ESPINOSA,

7
8
9

Case No. 3:16-cv-00613-MMD-CBC
Plaintiff,

ORDER

v.
JAMES DZURENDA, et al.,

10

Defendants.

11
12

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

13

pauperis and submitted an amended civil rights complaint pursuant to 42 U.S.C. § 1983.

14

(ECF Nos. 1, 7.) The Court screened the original complaint (ECF Nos. 1-1, 6) but has not

15

yet screened the amended complaint.

16

Plaintiff now files a motion for voluntary dismissal. (ECF No. 9.) Pursuant to

17

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

18

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

19

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

20

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

21

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

22
23

For the foregoing reasons, it is ordered that the motion for voluntary dismissal
(ECF No. 9) is granted.

24

It is further ordered that this action is dismissed in its entirety without prejudice.

25

It is further ordered that the Clerk of the Court enter judgment accordingly.

26

DATED THIS 1st day of October 2018.

27
28

MIRANDA M. DU
UNITED STATES DISTRICT JUDGE