Robert Anthony High v. James Dzurenda, et al.

• Court: District Court, D. Nevada
• Decided: December 15, 2025
• Docket: 2:25-cv-01744
• Status: Unknown

Opinion

1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 Robert Anthony High, Case No. 2:25-cv-01744-CDS-DJA

5 Plaintiff Voluntary Dismissal Order

6 v.

7 James Dzurenda, et al.,

8 Defendants 9 10 Plaintiff Robert Anthony High previously filed an application to proceed in forma pauperis 11 and submitted a civil rights complaint under 42 U.S.C. § 1983. ECF Nos. 1, 1-1. I dismissed the 12 complaint in its entirety and granted High leave to file an amended complaint. ECF No. 4. 13 High now files a motion to withdraw his original complaint and dismiss that complaint 14 without prejudice so he can refile when he completes his investigation to obtain the identities of 15 the defendants responsible for his excessive force. ECF No. 6. I construe this motion as one for 16 voluntary dismissal. 17 Under Federal Rule of Civil Procedure 41(a)(1), a plaintiff may dismiss an action without 18 a court order by filing “a notice of dismissal before the opposing party serves either an answer or a 19 motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). High may voluntarily dismiss this 20 action because no responsive pleading has been filed in this case, therefore it is dismissed without 21 prejudice. 22 Conclusion 23 I therefore order that the motion to withdraw original complaint [ECF No. 6] is construed 24 as a voluntary dismissal. This case is dismissed without prejudice. 25 I order that the application to proceed in forma pauperis [ECF No. 1] is denied as moot. 26 The Clerk of the Court is directed to close the case. 1 If High believes that I have misconstrued his motion to withdraw the original complaint 2||as a motion for voluntary dismissal, he may file a motion setting out his reasons for that belief 3 under Federal Rule of Civil Procedure 60(b)(1)! “within a reasonable time” not to exceed one year 4||from entry of this order.” 5 Dated: December 15, 2025 /, / 6 — 7 Cristina D. Silva United States District Judge

9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ——-A ' See Kemp v. United States, 596 U.S. 528, 533-34 (2022) (explaining that a party may seek relief from a 26 ||judgment or order under Rule 60(b)(1) based on “mistake, inadvertence, surprise, or excusable neglect,” and that the term “mistake” includes a judge’s mistake of law or fact). > See Fed. R. Civ. P. 60(c).

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