Opinion
Case No. 3:15-cv-00223-RCJ-VPC
01-27-2016
JOSHUA D. BRODSKY, Plaintiff, v. WARDEN BACA, et al., Defendants.
ORDER
I. DISCUSSION
On December 3, 2015, the Court issued a Screening Order (ECF No. 8) dismissing Plaintiff's § 1983 claims, with and without leave to amend. On December 23, 2015, Plaintiff filed a motion requesting either a six month extension to amend his complaint or voluntary dismissal of his complaint without prejudice, and that such dismissal not be counted as a "strike" under the Prison Litigation Reform Act ("PLRA"). The Court finds good cause to dismiss Plaintiff's complaint without prejudice and will grant Plaintiff's motion for voluntary dismissal.
II. CONCLUSION
For the foregoing reasons, IT IS ORDERED that the Court's Screening Order (ECF No. 8) is hereby VACATED.
IT IS FURTHER ORDERED that Plaintiff's motion to allow voluntary dismissal (ECF No. 10) is GRANTED.
IT IS FURTHER ORDERED that the complaint (ECF No. 9) is dismissed in its entirety, without prejudice.
IT IS FURTHER ORDERED that this dismissal does not constitute a "strike" under the PLRA.
DATED: This 27th day of January, 2016.
/s/_________
United States District Judge