Farrakhan-Muhammad v. Oliver et al

Filing 13

ORDER dismissing this action as of 2/6/15 by Judge Lewis T. Babcock on 2/10/15. 12 Motion to Stop Action and 11 Motion for a Temporary Restraining Order and Preliminary Injunction and Request for an Emergency Hearing are denied, and 8 Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 is denied as moot. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-03004-GPG
Q ILI-YASS HAAKEEM FARRAKHAN-MUHAMMAD,1
Plaintiff,
v.
J. OLIVER, FCC, Warden,
F. CORDOVA, ADX-NC-C/AHSA, and
P. LARID, NCRO, Director,
Defendants.

ORDER DISMISSING CASE

At issue are Plaintiff’s “Motion to Stop Action or as Alternative to Dismiss Without
Prejudice (Fed. R. Civ. P. 41(a)(2),” ECF No. 12. and his “Motion for a Temporary
Restraining Order and Preliminary Injunction and a Request for Emergency Hearing
Pursuant to Fed. R. Civ. P. 65(b) and D.C.COLOLCivR 65.1(A)(2),” ECF No. 11. The
Court must construe the pleadings liberally because Plaintiff is a pro se litigant. See
Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110
(10th Cir. 1991).
First, Plaintiff has failed to comply with D.C.COLOLCivR 65.1(a)(1) in that he has
not given notice of providing pleadings and documents to opposing parties. Second, a

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The Court notes that Mr. Q Ili-Yaas Haakeem Farrakhan-Muhammad, Inmate
Register # 02791-088 is the same person as Christopher Mitchell, C. Eli-Jah Hakeem
Muhammad, Elijah Hakeem Muhammad, and Caliph Ili-Yas Az-Hakeem Muhammad. The
Court further notes that Applicant is subject to 28 U.S.C. 1915(g) filing restrictions.

preliminary injunction may issue only on notice to the adverse party. See Fed. R. Civ.
P. 65(a)(1). Finally, the Court, in its discretion may issue a temporary restraining order
without written or oral notice to the adverse party only if “specific facts in an affidavit or a
verified complaint clearly show that immediate and irreparable injury, loss, or damage
will result to the movant before the adverse party can be heard in opposition.” Id. at
65(b)(1)(A). Nothing in Plaintiff’s Motion for a Temporary Restraining Order indicates he
will suffer immediate and irreparable harm if Defendants do not stop force medicating
and feeding him in response to his declared hunger strike. Plaintiff fails to assert any
physical injury as a result of being placed in the “Pro-strain” chair or state how his
“health” is in danger by being force medicated and force fed. The Court, therefore, will
grant Plaintiff’s request to dismiss this action without prejudice pursuant to Fed. R. Civ.
P. 41.
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 8-41James 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 Court, therefore, construes the pleading as a Notice of Dismissal filed
pursuant to Rule 41(a)(1)(A)(i). The file will be closed as of February 6, 2015, the date
the Notice was filed with the Court. See Hyde Constr. Co., 388 F.2d at 507.

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Accordingly, it is
ORDERED that the Motion to Dismiss Without Prejudice is construed as a Notice
of Dismissal filed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) and is effective as of
February 6, 2015, the date Plaintiff filed the Notice in this action. It is
FURTHER ORDERED that Plaintiff’s Motion to Stop Action, ECF No. 12, and his
Motion for a Temporary Restraining Order and Preliminary Injunction and Request for
an Emergency Hearing, ECF No. 11, are denied. It is
FURTHER ORDERED that the Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915, ECF No. 8, is denied as moot.
DATED at Denver, Colorado, this 10th

day of

February

, 2015.

BY THE COURT:

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

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