Magluta v. United States Federal Bureau of Prisons et al

Filing 58

ORDER re: 54 Notice of Dismissal of Party filed by Salvador Magluta, by Judge Philip A. Brimmer on 6/25/12. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02381-PAB-KLM
SALVADOR MAGLUTA,
Plaintiff,
v.
UNITED STATES FEDERAL BUREAU OF PRISONS, et al.,
Defendants.

ORDER

This matter comes before the Court on plaintiff’s Notice of Voluntary Dismissal
[Docket No. 54], in which he states that he “files his Notice of Voluntary Dismissal as to
the Defendant Patrick Whalen” “pursuant to Rule 41(a)(1)(a) of the Federal Rules of
Civil Procedure.”
Despite Rule 41(a)(1)’s reference to the dismissal of an “action,” the weight of
authority permits a dismissal of all claims pursuant to Rule 41(a)(1)(A) against fewer
than all defendants. See Montoya v. FedEx Ground Package System, Inc., 614 F.3d
145, 148 (5th Cir. 2010); Blaize-Sampeur v. McDowell, 2007 WL 1958909, at *2
(E.D.N.Y. June 29, 2007) (noting that, although the Second Circuit had previously
stated otherwise, it had “since adopted the approach of the majority of courts in other
circuits – that is, that Rule 41(a) does not require dismissal of the action in its entirety”
and permits dismissal of all claims as to a single defendant). Upon the filing of
plaintiff’s notice [Docket No. 54], this action was dismissed without prejudice as to
defendant Patrick Whalen.

DATED June 25, 2012.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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