Opinion
CIV-21-01194-PRW
12-28-2021
TRAVIS JAMES YATES, Plaintiff, v. CHRIS AMASON, in his official capacity, Defendant.
ORDER
PATRICK R. XJYRICIT, UNITED STATES DISTRICT JUDGE
Before the Court is Plaintiff Yates' Motion to Dismiss (Dkt. 4). Rule 41(a)(1)(i) of the Federal Rules of Civil Procedure permits a plaintiff to voluntarily dismiss an action by filing a notice of dismissal before the opposing party serves an answer or motion for summary judgment. Unless the notice specifies to the contrary, such a dismissal will be without prejudice. Here, the named Defendant has not yet filed an answer or motion, so Plaintiff's Yates motion is construed as a notice of dismissal pursuant to Rule 41(a)(1)(i). According, this case is DISMISSED WITHOUT PREJUDICE, and the pending Motion for Leave to Proceed in Forma Pauperis (Dkt. 2) is DENIED AS MOOT.
IT IS SO ORDERED.