D'Agostino v. Gedney et al

Filing 24

ORDER granting Plaintiff's ECF No. 22 Motion for Voluntary Dismisal, dismissing without prejudice this action; vacating the part of the 6/4/2018 Order (ECF No. 13 at 2, paragraph 3) directing NDOC to assess payment of the filing fee from Plaintiff's account; directing Clerk to close case. Signed by Judge Miranda M. Du on 7/19/2018. (Copies have been distributed pursuant to the NEF; copy mailed to NDOC Chief of Inmate Services - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FRANK D’AGOSTINO,

Case No. 3:17-cv-00101-MMD-WGC
Plaintiff,

ORDER

v.

11 DR. KAREN GEDNEY, et al.,
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Defendants.

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Before the Court is Plaintiff’s motion for voluntary dismissal.

(ECF No. 22.)

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Plaintiff asserts that he seeks dismissal because of his realization that he had not

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exhausted his administrative remedies before filing this action. (Id.) Defendant does

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not oppose. (ECF No. 23.) Good cause appearing, Plaintiff’s motion (ECF No. 22) is

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granted.

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It is therefore ordered that this action is dismissed without prejudice.

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It is further ordered that the part of the June 4, 2018 Order (ECF No. 13 at 2, ¶ 3)

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directing the Nevada Department of Corrections to assess payment of the filing fee from

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Plaintiff’s account is vacated.

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The Clerk is directed to close this case.

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DATED THIS 19th day of July 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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