Espinosa v. Dzurenda et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
8 BENJAMIN W. ESPINOSA,
Case No. 3:17-cv-00189-MMD-WGC
JAMES DZURENDA, et al.,
Plaintiff, a pro se prisoner, previously filed an application to proceed in forma
pauperis, a civil rights complaint, and a motion for preliminary injunction-TRO. (ECF No.
1, 1-1, 1-2.) The Court has not screened Plaintiff’s complaint.
Plaintiff now files a motion for voluntary dismissal. (ECF No. 3.) Pursuant to
Federal Rule of Civil Procedure 41(a)(1), a plaintiff may dismiss an action without a court
order by filing “a notice of dismissal before the opposing party serves either an answer or
a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). The Court grants Plaintiff’s
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.
For the foregoing reasons, it is ordered that the motion for voluntary dismissal
(ECF No. 3) is granted.
It is further ordered that this action is dismissed in its entirety without prejudice.
It is further ordered that the Clerk of the Court enter judgment accordingly.
DATED THIS 10th day of July 2017.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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