Wright v. State of Nevada et al

Filing 6

ORDER - the Court interprets Plaintiff's motion to have his complaint struck from the record (ECF No. 5 ) as a motion for voluntary dismissal. The motion for voluntary dismissal (ECF No. 5) is granted. This case is dismissed in its entiret y without prejudice. Clerk shall send Plaintiff a copy of his complaint (ECF No. 1-1). (Copy mailed to P 2/16/2017.) Clerk shall enter judgment accordingly. Signed by Judge Robert C. Jones on 2/16/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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v.
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STATE OF NEVADA et al.,
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Defendants.
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___________________________________ )

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I.

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DASHAUN WRIGHT,

3:16-cv-00755-RCJ-WGC
ORDER

DISCUSSION

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On December 27, 2016, Plaintiff, a pro se prisoner, initiated this case by filing an

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application to proceed in forma pauperis and a civil rights complaint pursuant to 42 U.S.C. §

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1983. (ECF No. 1, 1-1). On January 3, 2017, the Court denied the application to proceed in

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forma pauperis , without prejudice, as incomplete. (ECF No. 4). In that order, the Court noted

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that Plaintiff may have filed the case in this Court in error. (Id. at 2). The Court noted that

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Plaintiff’s documents all contained the caption “In the 7th Judicial District Court of the State of

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Nevada in and for the County of White Pine.” (Id.) The Court directed Plaintiff, within thirty

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days, to file a fully complete application to proceed in forma pauperis, pay the full $400 filing

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fee, or file a motion to voluntarily dismiss the case if filed in error. (Id.)

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On January 5, 2017, Plaintiff filed a motion to have his complaint struck from the record

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(ECF No. 5). The Court interprets this motion as a motion to voluntarily dismiss his case.

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

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

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

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motion to voluntarily dismiss this action because no responsive pleading has been filed in this
case. As such, the Court dismisses this action without prejudice.

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that the Court interprets Plaintiff’s motion

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to have his complaint struck from the record (ECF No. 5) as a motion for voluntary dismissal.

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IT IS FURTHER ORDERED that the motion for voluntary dismissal (ECF No. 5) is

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granted.

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IT IS FURTHER ORDERED that this case 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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complaint (ECF No. 1-1).
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly.
Dated: This 16th day of February, 2017.
DATED: This _____ day of January, 2017.

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_________________________________
United States District Judge

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