Argetsinger v. Ritter et al

Filing 112

ORDER OF DISMISSAL WITHOUT PREJUDICE: Granting 108 Plaintiff's Motion to Dismiss Without Prejudice. Pursuant to Fed. R. Civ. P. 41(a), this matter, and all claims asserted therein, is dismissed without prejudice, with each party to bear its own attorneys' fees and costs, by Judge Philip A. Brimmer on 1/11/10. (ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 08-cv-01990-PAB-KMT SHANE FLOYD ARGETSINGER, Plaintiff, v. W ARDEN JIM ABBOTT, MAJOR LINDA MAIFIELD, CAPTAIN HOLDITCH, and LIEUTENANT HEIDENTHAL, Defendants. _____________________________________________________________________ ORDER OF DISMISSAL WITHOUT PREJUDICE _____________________________________________________________________ THIS MATTER comes before the Court upon the pleading filed by plaintiff on January 5, 2010 [Docket No. 108] in which he requests that this case be dismissed and that he be allowed to re-file in the future. The Court construes the pleading as a motion to dismiss without prejudice. The Court has reviewed the motion and defendants' response [Docket No. 111] and is fully advised in the premises. It is ORDERED that the plaintiff's motion to dismiss without prejudice [Docket No. 108] is GRANTED. It is further ORDERED that, pursuant to Fed. R. Civ. P. 41(a), this matter, and all claims asserted therein, is dismissed without prejudice, with each party to bear its own attorneys' fees and costs. DATED January 11, 2010. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge