Briggs v. Federal Home Loan Mortgage Corporation et al

Filing 14

ORDER granting 13 Motion to Dismiss. This case is DISMISSED without prejudice. By Judge Robert E. Blackburn on 5/20/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-01060-REB-MJS
CAROL F. BRIGGS,
Plaintiff,
v.
FEDERAL HOME LOAN MORTGAGE CORPORATION, as Trustee,
WELLS FARGO BANK, N.A.,
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and
DOES 1-10 inclusive,
Defendants.

ORDER GRANTING MOTION TO DISMISS
Blackburn, J.
This matter is before me on the Pro Se Plaintiff’s Motion To Withdraw
Complaint [#13]1 filed May 16, 2013. The plaintiff filed her motion before any of the
defendants served either an answer or motion for summary judgment. Under FED. R.
CIV. P. 41(a)(1)(A), a plaintiff is entitled to dismiss her complaint without the consent of
the court or the defendants if the notice of dismissal is filed before any of the defendants
serve either an answer or motion for summary judgment. Thus, the plaintiff is entitled to
dismiss her complaint under Rule 41(a)(1)(A).
THEREFORE, IT IS ORDERED as follows:
1. That the Pro Se Plaintiff’s Motion To Withdraw Complaint [#13] filed May

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“[#13]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

16, 2013, is GRANTED;
2. That under FED. R. CIV. P. 41(a), this case is DISMISSED without prejudice.
Dated May 20, 2013, at Denver, Colorado.
BY THE COURT:

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