Wright v. State of Nevada et al

Filing 7

ORDER construing ECF No. 5 Motion to Strike Complaint as a Motion for Voluntary Dismissal; granting ECF No. 5 Motion for Voluntary Dismissal; dismissing without prejudice in its entirety this action; directing Clerk to send Plaintiff a copy of his complaint (mailed 1/5/2017); directing Clerk to enter judgment accordingly. Signed by Judge Robert C. Jones on 1/4/2017. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DASHAUN WRIGHT,

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Plaintiff,

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Case No. 3:16-cv-00722-RCJ-WGC
ORDER

v.
STATE OF NEVADA et al.,

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Defendants.

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I.

DISCUSSION

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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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1, 1-1.) The caption of the complaint stated “In the 7th Judicial District Court of the State

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of Nevada in and for the County of White Pine.” (ECF No. 1-1 at 1).

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Plaintiff now files a motion to strike complaint and request for returned original

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filings. (ECF No. 5). Plaintiff contends that the complaint is a forged document due to

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Ely State Prison staff illegally inspecting his legal mail and forwarding it to the wrong court.

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(Id. at 1). Plaintiff states that the instant complaint was addressed to the Judicial Court

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of White Pine County, 333 Las Vegas Blvd. (Id.)

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The Court interprets this motion as a motion for voluntary dismissal. (ECF No. 5).

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Pursuant to Federal Rule of Civil Procedure 41(a)(1), a plaintiff may dismiss an action

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without a court order by filing “a notice of dismissal before the opposing party serves

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

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Court 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. However, the Court notes that the address for the U.S. District Court for the

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District of Nevada is 333 Las Vegas Blvd. South, Las Vegas, Nevada 89101. The address

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for the White Pine County District Court is 801 Clark Street, Suite 4, Ely, Nevada 89301.

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II.

CONCLUSION

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For the foregoing reasons, it is ordered that the motion to strike complaint and

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request for returned original filings (ECF No. 5) is construed as a motion for voluntary

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dismissal.

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It is further ordered that the motion for voluntary dismissal (ECF No. 5) 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 send Plaintiff a copy of his

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original complaint (ECF No. 1-1).
It is further ordered that the Clerk of the Court shall enter judgment accordingly.

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DATED THIS XXxx day of December, 2016.
January 4, 2017.

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UNITED STATES DISTRICT JUDGE

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