Mahe v. Russell et al
ORDER GRANTING VOLUNTARY DISMISSAL AND DENYING AS MOOT APPLICATION TO PROCEED IN FORMA PAUPERIS - Mahe's motion for voluntary dismissal (ECF No. 11 ) is granted. It is further ordered that Mahe's application to proceed in forma pa uperis (ECF No. 3 ) is denied as moot. This action is dismissed in its entirety without prejudice. The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 1/7/2022. (Copies have been distributed pursuant to the NEF - SMR) Modified on 1/7/2022 to match document title. NEF Regenerated 1/7/2022. (SMR).
Case 3:21-cv-00300-MMD-WGC Document 12 Filed 01/07/22 Page 1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JASON A. MAHE,
Case No. 3:21-cv-00300-MMD-WGC
ORDER GRANTING VOLUNTARY
DISMISSAL AND DENYING AS MOOT
APPLICATION TO PROCEED IN
PERRY RUSSELL, et al.,
Pro se Plaintiff Jason A. Mahe filed an application to proceed in forma pauperis
and submitted a civil-rights complaint under 42 U.S.C. § 1983. (ECF Nos. 3, 5.) In
screening Mahe’s Complaint, the Court dismissed it without prejudice and with leave to
amend to cure the deficiencies identified in the Screening Order. (ECF No. 9.) The Court
gave Mahe until January 20, 2022, to file his amended pleading. (Id. at 10.) And it deferred
ruling on Mahe’s application to proceed in forma pauperis. (Id.)
Mahe now files a motion for voluntary dismissal. (ECF No. 11.) Under 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 Mahe’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. And it denies as moot Mahe’s
application to proceed in forma pauperis, which means that Mahe will not be required to
pay the filing fee.
It is therefore ordered that Mahe’s motion for voluntary dismissal (ECF No. 11) is
Case 3:21-cv-00300-MMD-WGC Document 12 Filed 01/07/22 Page 2 of 2
It is further ordered that Mahe’s application to proceed in forma pauperis (ECF No.
3) is denied as moot.
It is further ordered that this action is dismissed in its entirety without prejudice.
The Clerk of Court is directed to enter judgment accordingly and close this case.
DATED THIS 7th Day of January 2022.
MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE
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