Bolden v. Davis et al

Filing 7

ORDER granting ECF No. 6 Motion to Dismiss Petition. It is further ordered that Plaintiff's application to proceed in forma pauperisECF No. 3 is denied as moot. Signed by District Judge Anne R. Traum on 8/30/2024. (For Distribution by law library.)(Copies have been distributed pursuant to the NEF - GA)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
TYLER BOLDEN,

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v.

Case No. 3:23-cv-00651-ART-CLB
Plaintiff,

ORDER

SCOTT DAVIS, et al.,

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Defendants.

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I.

DISCUSSION

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Pro se Plaintiff Tyler Bolden has filed a form document titled “Petitioner’s

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Declaration of Election to Dismiss Petition.” (ECF No. 6.) The form document is

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for a habeas corpus case, rather than a civil rights case such as this. However,

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in light of Plaintiff’s pro se status, the Court construes the motion a request to

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voluntarily to dismiss this civil rights action. 1 Under Federal Rule of Civil

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Procedure 41(a)(1), a plaintiff may dismiss an action without a court order by

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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). No answer or

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motion for summary judgement has been filed. Therefore, the Court grants the

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motion and dismisses this action without prejudice.

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If Plaintiff did not intend to voluntarily dismiss this case, he may file a
request to reopen the case within 30 days, together with an explanation of the
purpose of this motion.
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II.

CONCLUSION

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For the foregoing reasons, it is ordered that the Court construes Plaintiff’s

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Declaration of Election to Dismiss Petition (ECF No. 6) as a motion for voluntary

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dismissal and grants the motion. This action is dismissed in its entirety without

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prejudice.

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It is further ordered that Plaintiff’s application to proceed in forma pauperis
(ECF No. 3) is denied as moot.

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Dated this 30th day of August 2024.

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ANNE R. TRAUM
UNITED STATES DISTRICT JUDGE

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