Numann v. Federal Bureau of Investigation

Filing 27

ORDER OF DISMISSAL: The unopposed motion for voluntary dismissal at Docket 26 is GRANTED. This case is DISMISSED without prejudice. Any pending motions are DENIED as moot. Each side to bear their own costs and fees. Signed by Judge Joshua M. Kindred on 5/8/2024. (ANM, COURT STAFF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
GREGORY NUMANN,
Plaintiff,

Case No. 3:22-cv-00178-JMK

v.
FEDERAL BUREAU OF
INVESTIGATION,
Defendant.
ORDER OF DISMISSAL
Self-represented prisoner, Gregory Numann (“Plaintiff”) brought this
Freedom of Information Act (FOIA) action seeking an order compelling Defendant
to produce certain records as requested by Plaintiff. 1 On April 10, 2023, Defendant
filed an answer. 2 On June 29, 2023, Plaintiff filed a motion to stay this action
pending the outcome of his motion to vacate, set aside, or correct his sentence
pursuant to 28 U.S.C. § 2255 (“2255 Motion”). 3 On March 18, 2024, Plaintiff filed
a motion to “withdraw the petition” against Defendant. 4 Plaintiff asserts Defendant

1

Docket 1.

2

Docket 11.

3

Docket 20.

4

Docket 26.

has “sufficiently satisfied” his FOIA request, so he “considers this case closed.” 5
Plaintiff certifies a copy of the motion was served on Defendant on March 11,
2024. 6 As of the date of this order, Defendant has not filed a response to Plaintiff’s
motion. 7
The Court construes Plaintiff’s motion as a motion for voluntary dismissal
pursuant to Federal Rule of Civil Procedure 41(a)(2). After the opposing party has
served an answer, “an action may be dismissed at the plaintiff's request only by
court order, on terms that the court considers proper.” 8 Dismissal should be
granted unless the defendant can show that it will suffer some clear legal prejudice
as a result. 9 The Ninth Circuit interprets legal prejudice as “prejudice to some legal
interest, some legal claim, some legal argument.” 10 “[L]egal prejudice does not
result merely because the defendant will be inconvenienced by having to defend
in another forum or where a plaintiff would gain a tactical advantage by that
dismissal.” 11 The loss of a federal forum or a lost opportunity to resolve a particular

5

Id.

6

Docket 26.

See D. Alaska Loc. Civ. R. 7.1(b) (requiring oppositions to all motions other than motions
to dismiss and motions for summary judgment to be filed within 14 days of service).

7

8

Fed. R. Civ. P. 41(1)(2).

9

Smith v. Lenches, 263 F.3d 972, 975 (9th Cir. 2001).

10

Westlands Water District v. United States, 100 F.3d 94, 96 (9th Cir. 1996).

11

Smith, 263 F.3d at 976.

Case No. 3:22-cv-00178-JMK, Numann v. Federal Bureau of Investigation
Order of Dismissal
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dispute does not establish legal prejudice. 12

Further, the expense incurred

defending a lawsuit is also not sufficient because “[t]he defendants’ interests can
be protected by conditioning the dismissal without prejudice upon the payment of
appropriate costs and attorney fees.” 13
IT IS THEREFORE ORDERED:
1.

The unopposed motion for voluntary dismissal at Docket 26 is

GRANTED. 14
2.

This case is DISMISSED without prejudice.

3.

Any pending motions are DENIED as moot.

4.

Each side to bear their own costs and fees. 15

5.

The Clerk of Court is directed to lift the stay, close this case, and enter

final judgment accordingly.
DATED this 8th day of May, 2024, at Anchorage, Alaska.
/s/ Joshua M. Kindred
JOSHUA M. KINDRED
UNITED STATES DISTRICT JUDGE

12

Westlands, 100 F.3d at 97.

13

Id.

Cf. Genty v. Township of Gloucester, 736 F. Supp. 1322, 1326 (D.N.J. 1990) (“Where
no parties object, the court should allow the dismissal.”).
14

See Westlands, 100 F.3d at 97 (“[i]mposition of costs and fees as a condition for
dismissing without prejudice is not mandatory.”).

15

Case No. 3:22-cv-00178-JMK, Numann v. Federal Bureau of Investigation
Order of Dismissal
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