Opinion
No. CV 06-1106-PHX-SMM (GEE).
July 21, 2006
ORDER
Plaintiff Randall Neal Horton, who is confined in Arizona State Prison Complex-Florence South, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 with an application to proceed in forma pauperis. Plaintiff used an outdated application to proceed in forma pauperis. For that reason, the Court denied the application but granted Plaintiff leave to file an application on the current court-approved form within 30 days. (Doc.# 3.) The Court warned Plaintiff that the failure to file a new application on the appropriate form, or to pay the filing fee, would result in the dismissal of this action without prejudice. (Id.) Plaintiff filed a motion for an extension of time to comply followed by a motion to voluntarily dismiss this action. (Doc.# 10, 11.)
"Doc.#" refers to the docket number of documents filed in this action.
"[A]n action may be dismissed by the plaintiff without order of court by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment. . . . Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice." Fed.R.Civ.P. 41(a)(1)(i). The Court construes Plaintiff's motion to voluntarily dismiss as a notice of voluntary dismissal without prejudice or payment of the filing fee. As such, the Clerk of Court will be directed to enter a dismissal of this action without prejudice. Plaintiff's motion for extension of time will be denied as moot. IT IS ORDERED:
(1) Plaintiff's motion to voluntarily dismiss this action is construed as a notice of voluntary dismissal pursuant to Rule 41(a)(1)(i). (Doc.# 11.)
(2) Plaintiff's motion for extension of time is denied as moot. (Doc.# 10.)
(3) The Clerk of Court must dismiss this action without prejudice.