Opinion
Case No. 2:15-cv-01698-GMN-GWF
10-20-2015
ABDUL HOWARD, Plaintiff, v. BONNIE POLLEY et al., Defendants.
ORDER
I. DISCUSSION
Plaintiff, a pro se prisoner, previously filed a 42 U.S.C. § 1983 civil rights complaint. (ECF No. 1). On October 5, 2015, Plaintiff filed a motion to voluntarily dismiss his case. (ECF No. 2).
Pursuant to 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. 2) is granted.
It is further ordered that this action is dismissed in its entirety without prejudice.
It is further ordered that the Clerk of the Court shall enter judgment accordingly.
DATED THIS 20 day of October, 2015.
/s/_________
Gloria M. Navarro, Chief Judge
United States District Court