Opinion
3:21-cv-00300-MMD-WGC
01-07-2022
JASON A. MAHE, Plaintiff, v. PERRY RUSSELL, et al., Defendants.
ORDER GRANTING VOLUNTARY DISMISSAL AND DENYING AS MOOT APPLICATION TO PROCEED IN FORMA PAUPERIS
MIRANDA M. DU, CHIEF UNITED STATES DISTRICT JUDGE.
Pro se Plaintiff Jason A. Mahe filed an application to proceed in forma pauperis and submitted a civil-rights complaint under 42 U.S.C. § 1983. (ECF Nos. 3, 5.) In screening Mahe's Complaint, the Court dismissed it without prejudice and with leave to amend to cure the deficiencies identified in the Screening Order. (ECF No. 9.) The Court gave Mahe until January 20, 2022, to file his amended pleading. (Id. at 10.) And it deferred ruling on Mahe's application to proceed in forma pauperis. (Id.)
Mahe now files a motion for voluntary dismissal. (ECF No. 11.) 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 Mahe'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. And it denies as moot Mahe's application to proceed in forma pauperis, which means that Mahe will not be required to pay the filing fee.
It is therefore ordered that Mahe's motion for voluntary dismissal (ECF No. 11) is granted.
It is further ordered that Mahe's application to proceed in forma pauperis (ECF No. 3) is denied as moot.
It is further ordered that this action is dismissed in its entirety without prejudice. The Clerk of Court is directed to enter judgment accordingly and close this case.