Cousett v. Correctional Corporation of America
Filing
5
ORDER of Dismissal. ORDERED that the action is dismissed pursuant to Fed. R. Civ. P. 41(a)(1). ORDERED that the voluntary dismissal is without prejudice and is effective as of May 3, 2013 by Judge Lewis T. Babcock on 05/09/13. (jjhsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00899-BNB
PRESTON MICHAEL COUSETT,
Plaintiff,
v.
CORRECTIONAL CORPORATION OF AMERICA, actually named as C.C.A.,
Defendants.
ORDER DISMISSING CASE
Plaintiff, Preston Michael Cousett, is a Colorado Department of Corrections
prisoner who is incarcerated at the Kit Carson Correctional Facility (KCCC) in
Burlington, Colorado. He initiated this action by submitting a “Notice of Intent”
complaining about the conditions of his confinement.
On April 9, 2013, Magistrate Judge Boyd N. Boland reviewed the submitted
document and determined that it was deficient. Magistrate Judge Boland directed Mr.
Cousett to file a Prisoner Complaint on the court-approved form within thirty days of the
April 9 Order. (See Doc. # 3). Magistrate Judge Boland further ordered Mr. Cousett to
file, within thirty days, a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant
to 28 U.S.C. § 1915 on the court-approved form, or pay the $350.00 filing fee.
On May 3, 2013, Mr. Cousett filed a “Motion to Withdraw Without Prejudice”
(Doc. # 4).
Fed. R. Civ. P. 41(a)(1) provides that “the plaintiff may dismiss an action without
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a court order by filing: (i) a notice of dismissal before the opposing party serves either
an answer or a motion for summary judgment . . . .” No answer or motion for summary
judgment has been filed by Defendants in this action. Further, a voluntary dismissal
under Rule 41(a)(1) is effective immediately upon the filing of a written notice of
dismissal, and no subsequent court order is necessary. See J. Moore, Moore's Federal
Practice ¶ 41.02(2) (2d ed. 1995); Hyde Constr. Co. v. Koehring Co., 388 F.2d 501,
507 (10th Cir. 1968). The motion, therefore, closes the file as of May 3, 2013. See
Hyde Constr. Co., 388 F.2d at 507. Accordingly, it is
ORDERED that the action is dismissed pursuant to Fed. R. Civ. P. 41(a)(1). It is
FURTHER ORDERED that the voluntary dismissal is without prejudice and is
effective as of May 3, 2013, the date Plaintiff filed the Motion to Withdraw Without
Prejudice in this action.
DATED at Denver, Colorado, this
9th
day of
May
, 2013.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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