Smith v. Madieros et al

Filing 4

ORDER that ECF No. 3 motion for voluntary dismissal is granted; this action is dismissed in its entirety without prejudice; clerk directed to enter judgment. Signed by Judge Robert C. Jones on 2/12/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MATTHEW SMITH,

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Plaintiff,

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Case No. 3:17-cv-00276-RCJ-VPC
ORDER

v.
CRAIG MADIEROS et al.,

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Defendants.

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I.

DISCUSSION

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Plaintiff, a pro se prisoner, previously filed an application to proceed in forma

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pauperis and submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No.

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1, 1-1). The Court has not yet screened the 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

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Plaintiff’s motion to voluntarily dismiss this action because no responsive pleading has

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

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II.

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CONCLUSION
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.

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It is further ordered that the Clerk of the Court shall enter judgment accordingly.

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This ____ day of August 2017.
DATED THIS 12th day of February, 2018.

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UNITED STATES DISTRICT JUDGE

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