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)

Download PDF
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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?