United States District Court, D. Nevada
MIRANDA M. DU UNITED STATES DISTRICT JUDGE
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).
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.
foregoing reasons, it is ordered that the motion for
voluntary dismissal (ECF No. 8) is granted.
further ordered that this action is dismissed in its entirety
further ordered that the application to proceed in forma