Huggins v. Ryan

Filing 26

ORDER that Plaintiff's Motion to Dismiss 24 , is construed as a Notice of Dismissal pursuant to Rule 41(a)(1)(A)(ii). ORDER that Plaintiff's action is dismissed without Court order pursuant to Rule 41(a)(A)(ii). ORDER that Defendant's Motion to Enlarge the Dispositive Motion Deadline 23 , is DENIED as moot. Signed by Judge Neil V Wake on 7/26/12. (TLJ)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Clayton Huggins,

10
11

Plaintiff,
vs.

12
Charles L. Ryan, et al.,
13
Defendants.
14

)
)
)
)
)
)
)
)
)
)
)
)

No. CV 11-00534-PHX-NVW (LOA)
ORDER

15
16

This matter is before the Court on Plaintiff’s Motion to Dismiss. (Doc. 24)

17

On July 24, 2012, Plaintiff filed the above-mentioned Motion to Dismiss, asking the

18

Court to dismiss his action for failure to state a claim against Defendant for which relief can

19

be granted. On the same day, Defendant Ryan filed a Response to Plaintiff’s Motion to

20

Dismiss, stating that he has no objection to Plaintiff’s request to dismiss this case. (Doc. 25)

21

The Court will construe Plaintiff’s Motion’s to Dismiss as a Notice of Dismissal made

22

pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Pursuant to Rule 41(a)

23

(1)(A), a plaintiff, without a court order, may dismiss an action by “(i) filing a notice of

24

dismissal before the opposing party serves either an answer of a motion for summary

25

judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared.”

26

Fed.R.Civ.P. 41(a)(1)(A)(i) and (ii). The Court will construe Doc. 24 in conjunction with

27

Doc. 25 as substantially equivalent to a Rule 41(a) motion operating as a termination and

28

dismissal of Plaintiff’s action.

1

Additionally pending before the Court is Defendant’s Motion to Enlarge the

2

Dispositive Motion Deadline. (Doc. 23) In light of the Court’s ruling above, the Court will

3

deny Defendant’s Motion, doc. 23, as moot.

4
5
6
7
8

IT IS ORDERED that Plaintiff’s Motion to Dismiss, doc. 24, is construed as a
Notice of Dismissal pursuant to Rule 41(a)(1)(A)(ii).
IT IS FURTHER ORDERED that Plaintiff’s action is dismissed without Court
order pursuant to Rule 41(a)(A)(ii).
IT IS FURTHER ORDERED that Defendant’s Motion to Enlarge the Dispositive

9

Motion Deadline, doc. 23, is DENIED as moot.

10

Dated this 26th day of July, 2012.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-