To dismiss, complete and file CIV110, Request for Dismissal: • Dismiss with prejudice means the plaintiff cannot sue for this same claim again. A case that is dismissed "without prejudice" is only dismissed temporarily.This temporary dismissal means that the plaintiff is allowed to re-file charges. When a case is dismissed without prejudice, nothing bars the plaintiff from refiling the complaint on the same grounds. Case opinion for CA Court of Appeal WHITEHEAD v. With prejudice means the plaintiff cannot bring the case later. Without prejudice means that the plaintiff may be able to file the same claim again. A dismissal of a criminal charge without prejudice means that the government can re-file the criminal charge.