Davis v. Skolnik et al
Filing
10
ORDER that P's 8 motion for voluntary dismissal of this action is GRANTED and this action is DISMISSED WITHOUT PREJUDICE. FURTHER ORD that all other pending motions in this action are DENIED as moot. FURTHER ORD that the clerk shall ENTER JUDGMENT accordingly and CLOSE THIS CASE. Signed by Judge Larry R. Hicks on 4/14/2009. (Copies have been distributed pursuant to the NEF - KL)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 moot. /// /// Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Before the court is plaintiff's motion for voluntary dismissal of this action (Docket # 8). Pursuant to Rule 41(a)(1)(A), Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss an action without court order by filing a notice of dismissal before the opposing party files either an answer or a motion for summary judgment. Such a dismissal is without prejudice unless the motion states otherwise. Fed.R.Civ.Pro. 41(a)(1)(B). Defendants have not yet appeared in this action. Accordingly, the court will grant plaintiff's motion. IT IS THEREFORE ORDERED that plaintiff's motion for voluntary dismissal of this action is GRANTED (Docket # 8) and this action is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that all other pending motions is this action are DENIED as vs. HOWARD SKOLNIK, et al., Defendants. ROGER BRENT DAVIS, Plaintiff, ) ) ) ) ) ) ) ) ) / UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
3:08-cv-00421-LRH-VPC ORDER
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IT IS FURTHER ORDERED that the clerk shall ENTER JUDGMENT accordingly and CLOSE THIS CASE. Dated this 14th day of April, 2009.
LARRY R. HICKS UNITED STATES DISTRICT JUDGE
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