Anthony Bailey v. Jeremy Bean, et al.

• Court: District Court, D. Nevada
• Decided: December 18, 2025
• Docket: 2:25-cv-02233
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA ANTHONY BAILEY, Case No.: 2:25-cv-02233-CDS-BNW ‘ Plaintiff, 5 ORDER DENYING UNSIGNED v. MOTION JEREMY BEAN, et al., (ECF No. 3) ’ Defendants. 9 This action began with an application to proceed in forma pauperis and a pro se 42 U.S.C. 10} § 1983 civil-rights complaint filed by state prisoner Anthony Bailey. ECF Nos. □□ 1-1. On 11} December 9, 2025, Baily filed a document titled “Voluntary Dismissal Pursuant to Rule 41(a)(1) of the Fed. R. Civ. P.” ECF No. 3. Ordinarily, the filing of a voluntary dismissal under Federal 13} Rule of Civil Procedure 41(a)(1)(1) operates to terminate the case without further order of the court when, like here, no party has served either an answer or a motion for summary judgment. Fed. R. 15} Civ. P. 41(a)(1)(a)(); accord Duke Energy Trading & Marketing, LLC v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001) (reiterating that Rule 41(a)(1)() dismissal has the effect that no case was 17| brought and terminates the court’s jurisdiction over the claims). But Bailey’s document did not have that effect because he did not sign it. See ECF No. 3 at 1. Bailey merely signed the certificate 19| of service, see ECF No. 3 at 2, which is not sufficient. See Fed. R. Civ. P. 11 (a) (an unrepresented 20| party must personally sign every pleading, motion, or similar paper submitted to the court). 21 It is therefore ordered that Bailey’s unsigned motion to voluntarily dismiss this action 1s 22} denied without prejudice. If Bailey wishes to voluntarily dismiss this action, then he must file a 23| signed notice under 41(a)(1)(a)(1) to that effect. 24 DATED: December 18, 2025 25 26 Boemnbentesta UNI ATES MAGIS TE JUDGE 28