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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 DASHAUN WRIGHT, 10 Plaintiff, 11 12 Case No. 3:16-cv-00722-RCJ-WGC ORDER v. STATE OF NEVADA et al., 13 Defendants. 14 15 I. DISCUSSION 16 Plaintiff, a pro se prisoner, previously filed an application to proceed in forma 17 pauperis and submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 18 1, 1-1.) The caption of the complaint stated “In the 7th Judicial District Court of the State 19 of Nevada in and for the County of White Pine.” (ECF No. 1-1 at 1). 20 Plaintiff now files a motion to strike complaint and request for returned original 21 filings. (ECF No. 5). Plaintiff contends that the complaint is a forged document due to 22 Ely State Prison staff illegally inspecting his legal mail and forwarding it to the wrong court. 23 (Id. at 1). Plaintiff states that the instant complaint was addressed to the Judicial Court 24 of White Pine County, 333 Las Vegas Blvd. (Id.) 25 The Court interprets this motion as a motion for voluntary dismissal. (ECF No. 5). 26 Pursuant to Federal Rule of Civil Procedure 41(a)(1), a plaintiff may dismiss an action 27 without a court order by filing “a notice of dismissal before the opposing party serves 28 either an answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). The 1 Court grants Plaintiff’s motion to voluntarily dismiss this action because no responsive 2 pleading has been filed in this case. As such, the Court dismisses this action without 3 prejudice. However, the Court notes that the address for the U.S. District Court for the 4 District of Nevada is 333 Las Vegas Blvd. South, Las Vegas, Nevada 89101. The address 5 for the White Pine County District Court is 801 Clark Street, Suite 4, Ely, Nevada 89301. 6 II. CONCLUSION 7 For the foregoing reasons, it is ordered that the motion to strike complaint and 8 request for returned original filings (ECF No. 5) is construed as a motion for voluntary 9 dismissal. 10 It is further ordered that the motion for voluntary dismissal (ECF No. 5) is granted. 11 It is further ordered that this action is dismissed in its entirety without prejudice. 12 It is further ordered that the Clerk of the Court shall send Plaintiff a copy of his 13 14 original complaint (ECF No. 1-1). It is further ordered that the Clerk of the Court shall enter judgment accordingly. 15 16 DATED THIS XXxx day of December, 2016. January 4, 2017. 17 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 -2-

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