Stutson v. Cozza-Rhodes et al

Filing 13

ORDER DISMISSING CASE pursuant to 12 Notice of Voluntary Dismissal. By Judge Lewis T. Babcock on 4/24/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00686-BNB
EFREM STUTSON,
Plaintiff,
v.
T.K. COZZA-RHODES, Warden,
BLUDWORTH, Assistant Warden, and
MS. GREEN
Defendants.

ORDER DISMISSING CASE

Plaintiff, Efrem Stutson, is a prisoner in the custody of the Federal Bureau of
Prisons incarcerated at the Florence Correctional Institution. Mr. Stutson initiated this
action by filing pro se a Prisoner Complaint (ECF No. 1) pursuant to Bivens v. Six
Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). On March
7, 2014, Magistrate Judge Boyd N. Boland entered an order directing Mr. Stutson to file
an amended complaint that states claims clearly and concisely in compliance with Fed.
R. Civ. P. 8, and alleges specific facts that demonstrate how each named defendant
personally participated in the asserted constitutional violations. On April 8, 2014,
Magistrate Judge Boland entered a minute order granting Mr. Stutson an extension of
time to file an amended prisoner complaint.
Mr. Stutson has not filed an amended complaint as directed. Instead, on April
22, 2014, he filed a notice of voluntary dismissal (ECF No. 12) stating that he does not
want to proceed with this action.

Pursuant to Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure, Mr. Stutson
“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.” No
response has been filed by any opposing party in this action. A voluntary dismissal
pursuant to Rule 41(a)(1)(A) 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 notice closes the file. See Hyde Constr. Co., 388 F.2d at 507.
Accordingly, it is
ORDERED that the instant action is dismissed without prejudice pursuant to the
notice of voluntary dismissal (ECF No. 12). It is
FURTHER ORDERED that the voluntary dismissal is effective as of April 22,
2014, the date the notice of voluntary dismissal was filed in this action.
DATED at Denver, Colorado, this 24th day of

April

, 2014.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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