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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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 *** 12 BRIAN KAKOWSKI, 13 14 15 Case No. 3:16-cv-00623-MMD-WGC Plaintiff, ORDER v. NEVADA DEPARTMENT OF CORRECTIONS, et al., 16 Defendants. 17 18 Plaintiff, a pro se prisoner, previously filed an application to proceed in forma 19 pauperis and submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 20 4, 10.) The Court screened the complaint, dismissed the complaint, and granted Plaintiff 21 leave to file an amended complaint. (ECF No. 9 at 7.) 22 Plaintiff now files a motion for voluntary dismissal. (ECF No. 11.) Pursuant to 23 Federal Rule of Civil Procedure 41(a)(1), a plaintiff may dismiss an action without a 24 court order by filing “a notice of dismissal before the opposing party serves either an 25 answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). The Court 26 grants Plaintiff’s motion to voluntarily dismiss this action because no responsive 27 pleading has been filed in this case. As such, the Court dismisses this action without 28 prejudice. 1 2 For the foregoing reasons, it is ordered that the motion for voluntary dismissal (ECF No. 11) is granted. 3 It is further ordered that this action is dismissed in its entirety without prejudice. 4 It is further ordered that the Clerk of the Court shall enter judgment accordingly. 5 DATED THIS 3rd day of October 2017. 6 7 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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