Norton v. Leohart
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 10/27/14. Motion to Dismiss Plaintiff's Cause of Action Pursuant to Fed. R. Civ. P. 12(b)(1) & (6) [#20] and on Plaintiff's Motion to Voluntarily Dismiss [#26] are DENIED as moot. (lgale, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01210-KLM
JASON THOMAS NORTON,
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant’s Motion to Dismiss Plaintiff’s Cause
of Action Pursuant to Fed. R. Civ. P. 12(b)(1) & (6) [#20] (“Defendant’s Motion to
Dismiss”) and on Plaintiff’s Motion to Voluntarily Dismiss [#26] (“Plaintiff’s Motion to
Dismiss”). Plaintiff proceeds in this matter as an incarcerated pro se litigant. Pursuant to
Fed. R. Civ. P. 41(a)(1)(A)(i), the plaintiff may dismiss a case without a Court order by filing
“a notice of dismissal before the opposing party serves either an answer or a motion for
summary judgment . . . .” Defendant has not filed either an answer or a motion for
summary judgment, and the Court accepts Plaintiff’s Motion to Dismiss as a notice of
dismissal. Therefore, the Clerk of Court may dismiss this case without prejudice
without entry of a Court order, and shall do so. Accordingly,
IT IS HEREBY ORDERED that Defendant’s Motion to Dismiss [#20] and Plaintiff’s
Motion to Dismiss [#26] are DENIED as moot.
Dated: October 27, 2014
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