Espinosa v. Dzurenda et al

Filing 4

ORDER granting ECF No. 3 Motion for Voluntary Dismissal; dismissing without prejudice this action in its entirety; directing Clerk to enter judgment accordingly. Signed by Judge Miranda M. Du on 7/10/2017. (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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***

8 BENJAMIN W. ESPINOSA,
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Case No. 3:17-cv-00189-MMD-WGC
Plaintiff,

ORDER

v.
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JAMES DZURENDA, et al.,
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Defendants.
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Plaintiff, a pro se prisoner, previously filed an application to proceed in forma

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pauperis, a civil rights complaint, and a motion for preliminary injunction-TRO. (ECF No.

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1, 1-1, 1-2.) The Court has not screened Plaintiff’s complaint.

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Plaintiff now files a motion for voluntary dismissal. (ECF No. 3.) Pursuant to

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

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

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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

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in this case. As such, the Court dismisses this action without prejudice.

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For the foregoing reasons, it is ordered that the motion for voluntary dismissal
(ECF No. 3) 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 enter judgment accordingly.

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DATED THIS 10th day of July 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE