Norton v. Leohart

Filing 27

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,
Plaintiff,
v.
MICHELE LEOHART,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
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