Gross v. Beck et al
Filing
6
ORDER of Dismissal. The Complaint and action are dismissed without prejudice prusuant to 5 Voluntary Notice of Dismissal. By Judge Lewis T. Babcock on 4/25/2014. (klyon, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00875-BNB
ERIK J. GROSS,
Plaintiff,
v.
CHELSEA BECK,
RUSTY LANDER,
STEPHANIE ENGLER,
YVETTE COUSINS,
JAYLYN KOCH,
JEFF JENKS,
TOM SHELEA, and
TANYA HAMILTON,
Defendants.
ORDER DISMISSING CASE
Plaintiff is in the custody of the Colorado Department of Corrections at the
Fremont Correctional Facility in Cañon City, Colorado. On April 23, 2014, Plaintiff
submitted a Letter asking that the Court dismiss this action. The Court will construe the
Letter as a Voluntary Notice of Dismissal and dismiss the action for the following
reasons.
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 case, therefore, will be closed as of April, 2014, the date the Notice was
filed with the Court. See Hyde Constr. Co., 388 F.2d at 507.
Accordingly, it is
ORDERED that the Voluntary Notice of Dismissal, ECF No. 5, is effective as of
April 23, 2014, the date Plaintiff filed the Notice in this action. It is
FURTHER ORDERED that the Complaint and action are dismissed without
prejudice.
DATED at Denver, Colorado, this 25th
day of
April
, 2014.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
2
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