Reberger v. Deal et al

Filing 4

ORDER - The motion for voluntary dismissal (ECF No. 3 ) is granted. This action is dismissed in its entirety without prejudice. Clerk shall enter judgment accordingly. Signed by Judge Miranda M. Du on 9/26/2017. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 LANCE REBERGER, 8 9 10 Case No. 3:17-cv-00251-MMD-WGC Plaintiff, ORDER v. DWAYNE DEAL, et al., Defendants. 11 12 Plaintiff, a pro se prisoner, previously filed an application to proceed in forma 13 pauperis and submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 14 1, 1-1.) The Court has not yet screened the complaint. 15 Plaintiff now files a motion for voluntary dismissal. (ECF No. 3.) Pursuant to 16 Federal Rule of Civil Procedure 41(a)(1), a plaintiff may dismiss an action without a court 17 order by filing “a notice of dismissal before the opposing party serves either an answer or 18 a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). The Court grants Plaintiff’s 19 motion to voluntarily dismiss this action because no responsive pleading has been filed 20 in this case. As such, the Court dismisses this action without prejudice. 21 22 For the foregoing reasons, it is ordered that the motion for voluntary dismissal (ECF No. 3) is granted. 23 It is further ordered that this action is dismissed in its entirety without prejudice. 24 It is further ordered that the Clerk of the Court enter judgment accordingly. 25 DATED THIS 26th day of September 2017. 26 27 28 MIRANDA M. DU UNITED STATES DISTRICT JUDGE

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