Colley v. Sanchez

Filing 20

ORDER granting 19 Plaintiffs Unopposed Motion to Dismiss WITHOUT PREJUDICE, pursuant to FED. R. CIV. P. 41(a)(2), the parties to bear their own attorney fees and costs. by Chief Judge Wiley Y. Daniel on 7/6/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 09-cv-00372-WYD-KMT HENDERSON W. COLLEY, Plaintiff, v. PABLO G. SANCHEZ, M.D., Defendant. ORDER OF DISMISSAL THIS MATTER is before the Court on Plaintiff's Unopposed Motion to Dismiss without Prejudice (filed July 6, 2009). The motion seeks a dismissal of the case without prejudice pursuant to FED. R. CIV. P. 41(a)(2) and 12(h)(3) as this Court now lacks diversity jurisdiction and the case has been refiled in state court. I find that the motion should be granted. Accordingly, it is ORDERED that Plaintiff's Unopposed Motion to Dismiss without Prejudice (Doc. # 19) is GRANTED pursuant to FED. R. CIV. P. 41(a)(2) and this matter is DISMISSED WITHOUT PREJUDICE, the parties to bear their own attorney fees and costs. Dated: July 6, 2009 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge