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Broomfield v. Aranas

United States District Court, D. Nevada

January 10, 2017

STEVEN BROOMFIELD, Plaintiff,
v.
ROMEO ARANAS et al., Defendants.

          ORDER

          MIRANDA M. DU UNITED STATES DISTRICT JUDGE

         Plaintiff, who has counsel for the limited purpose of settlement, previously filed an application to proceed in forma pauperis and a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1-1, 4.) The Court has not yet screened the complaint. On December 29, 2016, Plaintiff, pro se, filed a motion to dismiss the case in its entirety. (ECF No. 8). On January 5, 2017, Plaintiff's attorney filed a notice of voluntary dismissal. (ECF No. 9).

         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 (ECF No. 8) this action because no responsive pleading has been filed in this case. As such, the Court dismisses this action without prejudice.

         For the foregoing reasons, it is ordered that the motion for voluntary dismissal (ECF No. 8) is granted.

         It is further ordered that this action is dismissed in its entirety without prejudice.

         It is further ordered that the application to proceed in forma pauperis (ECF No. 4) is denied as moot.

         It is further ordered that the Clerk of the Court enter judgment accordingly.


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