Русско-англо-русский юридический словарь

When a case is dismissed but the plaintiff is allowed to bring a new suit on the same claim within the period of limitation it is dismissal without prejudice. (definitions.uslegal.com)

A case can be dismissed without prejudice by the judge (such as, if he or she grants a motion to dismiss filed by the defendant--but in such a case, the plaintiff/prosecution usually will be given the right amend the complaint (restate the allegations of the lawsuit), or it can be voluntarily dismissed altogether by the plaintiff/prosecutor. (answers.com)