Opinion
2:22-cv-01966-GMN-VCF
02-22-2023
EDMUNDO A. ZUNIGA, Plaintiff, v. CHARLES DANIELS, et al., Defendants.
ORDER
Gloria M. Navarro, Judge
Plaintiff has filed a motion to voluntarily dismiss the complaint. (ECF No. 7.) 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 complaint has not been served on the Defendants, and thus the Defendants have not filed an answer or a motion for summary judgment. Accordingly, the Court grants Plaintiff's motion to voluntarily dismiss this action.
For the foregoing reasons, IT IS ORDERED that:
1. Plaintiff's motion for voluntary dismissal (ECF No. 7) is GRANTED. This action is dismissed in its entirety without prejudice.
2. Plaintiff's application to proceed in forma pauperis (ECF No. 1) is denied as moot.
3. The Clerk of the Court will enter judgment accordingly..