Opinion
Case No. 2:20-cv-00791-GMN-BNW
08-18-2020
JULIUS BRADFORD, Plaintiff v. JOSHUA D OWENS, Defendant
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. (ECF Nos. 1, 1-1.) Plaintiff now files a motion to withdraw his application to proceed in forma pauperis and his civil rights complaint. (ECF No. 3.) 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 Plaintiff's motion to withdraw his application to proceed in forma pauperis and dismiss this action (ECF No. 3) is granted. Plaintiff's application to proceed in forma pauperis (ECF No. 1) is denied.
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 enter judgment accordingly.
DATED THIS 18 day of August 2020.
/s/_________
Gloria M. Navarro, Judge
United States District Court