Terrell-Bey v. Berkabile

Filing 22

ORDER dismissing this action without prejudice, as of 3/6/15, by Judge Lewis T. Babcock on 3/10/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02301-GPG
BROOKS TERRELL-BEY,
Plaintiff,
v.
MS. PERLMAN, Psych Dr.,
CEDENO, Counselor,
HANSEN, Counselor,
KEYS, Unit Manager, and
ED ARO, Attorney,
Defendants.

ORDER DISMISSING CASE

Plaintiff, Brooks Terrell-Bey, is in the custody of the Federal Bureau of Prisons
and is incarcerated at the ADMAX facility in Florence, Colorado. He has filed, pro se,
an Amended Complaint (ECF No. 18) asserting a deprivation of his constitutional rights
pursuant to 28 U.S.C. § 1343 and 42 U.S.C. § 1983.
In an Order entered on February 10, 2015, Magistrate Judge Gordon P.
Gallagher directed Plaintiff to file a second amended complaint, within 30 days. (ECF
No. 20).
On March 6, 2015, Mr. Terrell-Bey filed a Motion for Voluntary Dismissal (ECF
No. 21) in which he asks the Court to dismiss this action.
Fed. R. Civ. P. 41(a)(1) 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
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an answer or a motion for summary judgment . . . .” No responsive pleading has been
filed by the Respondent in this action. Further, a voluntary dismissal under Rule
41(a)(1) 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 motion, therefore, closes the file as of March 6, 2015. See Hyde
Constr. Co., 388 F.2d at 507. Accordingly, it is
ORDERED that the action is dismissed pursuant to Fed. R. Civ. P. 41(a)(1). It is
FURTHER ORDERED that the voluntary dismissal is without prejudice and is
effective as of March 6, 2015, the date Plaintiff filed the Motion for Voluntary Dismissal.
It is
FURTHER ORDERED that all pending motions are DENIED as moot.
DATED March 10, 2015, at Denver, Colorado.
BY THE COURT:

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

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