Pinson et al v. Madison et al

Filing 15

ORDER of Dismissal. ORDERED that the pleading titled Voluntary Dismissal is construed as a Notice of Voluntary Dismissal filed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) and is effective as of March 25, 2013, the date Mr. Pinson filed the Notice in this action. The Notice of Withdrawal of Motion to Dismiss, 13 is disregarded by the Court as moot, by Judge Lewis T. Babcock on 3/29/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00157-BNB
JEREMY PINSON,
Plaintiff,
v.
RICHARD MADISON,
PATRICIA RANGEL,
DAVID BERKEBILE,
S. KUTA,
MICHELLE BOND,
OFFICER J. JOHNSON,
OFFICER SHEPHERD,
PAUL ZOHN,
BLAKE DAVIS,
A. BALSICK,
G. SANDUSKY,
OFFICER DAVIS,
OFFICER TERSKA,
K. ESPENSEN, and
A. OSAGIE,
Defendants.

ORDER DISMISSING CASE

On March 25, 2013, Mr. Pinson filed a pleading titled “Voluntary Dismissal”
requesting that this action be dismissed pursuant to Fed. R. Civ. P. 41(a)(i). The Court
must construe the pleading liberally because Mr. Pinson is a pro se litigant. See Haines
v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir.
1991).
Rule 41(a)(1)(A) provides that “the plaintiff may dismiss an action without a court
order by filing: (i) a notice of dismissal before the opposing party serves either an

answer or a motion for summary judgment . . . .” Defendant has not filed an answer in
this action. Further, a voluntary dismissal under Rule 41(a)(1)(A)(i) is effective
immediately upon the filing of a written notice of dismissal, and no subsequent
court order is necessary. See 8-41 James Wm. Moore et al., Moore’s Federal Practice
§ 41.33(6)(a) (3d ed. 1997); Hyde Constr. Co. v. Koehring Co., 388 F.2d 501, 507 (10th
Cir. 1968).
The Court, therefore, construes the pleading as a Notice of Dismissal filed
pursuant to Rule 41(a)(1)(A)(i). The file will be closed as of March 25, 2013, the date
the Notice was filed with the Court. See Hyde Constr. Co., 388 F.2d at 507.
Accordingly, it is
ORDERED that the pleading titled “Voluntary Dismissal” is construed as a Notice
of Voluntary Dismissal filed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) and is effective as
of March 25, 2013, the date Mr. Pinson filed the Notice in this action. It is
FURTHER ORDERED that the “Notice of Withdrawal of Motion to Dismiss,” ECF
No. 13, is disregarded by the Court as moot.
DATED at Denver, Colorado, this 29th day of

March , 2013.

BY THE COURT:
s/ Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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