Kakowski v. Nevada Department of Corrections

Filing 12

ORDER granting ECF No. 11 Motion to Dismiss; this action is dismissed in its entirety without prejudice; Clerk directed to enter judgment accordingly. Signed by Judge Miranda M. Du on 10/03/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BRIAN KAKOWSKI,

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Case No. 3:16-cv-00623-MMD-WGC
Plaintiff,

ORDER

v.
NEVADA DEPARTMENT OF
CORRECTIONS, et al.,

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Defendants.

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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 civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No.

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4, 10.) The Court screened the complaint, dismissed the complaint, and granted Plaintiff

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leave to file an amended complaint. (ECF No. 9 at 7.)

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Plaintiff now files a motion for voluntary dismissal. (ECF No. 11.) Pursuant to

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

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

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answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). The Court

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grants Plaintiff’s motion to voluntarily dismiss this action because no responsive

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pleading has been filed in this case. As such, the Court dismisses this action without

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prejudice.

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For the foregoing reasons, it is ordered that the motion for voluntary dismissal
(ECF No. 11) 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 shall enter judgment accordingly.

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DATED THIS 3rd day of October 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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