Birch v. Delporto

Full title: BRUCE BIRCH, Plaintiff, v. PAM DELPORTO et al., Defendants.

Court: UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Date published: Dec 27, 2019

Case No. 3:19-cv-00183-MMD-CLB (D. Nev. Dec. 27, 2019)

Opinion

Case No. 3:19-cv-00183-MMD-CLB

12-27-2019

BRUCE BIRCH, Plaintiff, v. PAM DELPORTO et al., Defendants.

MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE

ORDER

I. DISCUSSION

Plaintiff previously filed an application to proceed in forma pauperis and submitted a civil rights complaint under 42 U.S.C. § 1983 and a motion to amend. (ECF Nos. 1, 1-1, 6.) The Court has not yet screened the complaint.

Plaintiff now files a motion for voluntary dismissal. (ECF No. 8.) 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 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.

II. CONCLUSION

For the foregoing reasons, it is ordered that the motion for voluntary dismissal (ECF No. 8) is granted.

It is further ordered that the outstanding motions (ECF Nos. 1, 6) are denied as moot.

It is further ordered that this action is dismissed in its entirety without prejudice. ///

It is further ordered that the Clerk of the Court will close the case and enter judgment accordingly.

DATED THIS 27^th day of December 2019.

/s/_________

MIRANDA M. DU

CHIEF UNITED STATES DISTRICT JUDGE