Sigler v. Broomfield Colorado Jail
ORDER granting 5 Motion to Withdraw All Motions, Filings and Claims, and dismissing this action without prejudice as of 8/1/14, by Judge Lewis T. Babcock on 8/5/14. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01941-BNB
CURT ALLEN SIGLER,
BROOMFIELD COLORADO JAIL,
ORDER DISMISSING CASE
On July 15, 2014, Magistrate Judge Boyd N. Boland entered an order directing
Applicant, Curt Allen Sigler, to cure certain deficiencies in this action. Mr. Sigler has not
cured the deficiencies as directed. Instead, on August 1, 2014, he filed a Motion to
Withdraw All Motions, Filings and Claims (ECF No. 5). Mr. Sigler asks the Court to
“dismiss, without prejudice, all of his filings and claims with this court to date and allow
him the opportunity to file the proper claims against a very limited number of
respondents due to the unlawful agreement he was forced to sign under threat, duress
and coercion in Broomfield County[,] Colorado.” (ECF No. 5 at 2.)
Pursuant to Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure, Mr. Sigler
“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 Motion to Withdraw All Motions, Filings and Claims (ECF No.
5) is GRANTED and the action is dismissed without prejudice. It is
FURTHER ORDERED that the voluntary dismissal is effective as of August 1,
2014, the date the notice of voluntary dismissal was filed in this action.
DATED at Denver, Colorado, this
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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