Caro-Quintero v. Johnson

Filing 6

ORDER dismissing this action without prejudice, as of 1/2/15, by Judge Lewis T. Babcock on 1/8/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03255-GPG
MIGUEL CARO-QUINTERO,
Petitioner,
v.
CALVIN JOHNSON, Warden,
Respondent.

ORDER DISMISSING CASE

Petitioner, Miguel Caro-Quintero, is in the custody of the Federal Bureau of
Prisons and is incarcerated at the Federal Correctional Institution in Adelanto,
California. He has filed, pro se, a Petition for Writ of Habeas Corpus By a Person in
Federal Custody (28 U.S.C. § 2241). (ECF No. 1).
In an Order entered on December 2, 2014, Magistrate Judge Gordon P.
Gallagher directed Petitioner to show cause, in writing, within 30 days, why this action
should not be dismissed because Petitioner has an adequate and effective remedy
under 28 U.S.C. § 2255. (ECF No. 4).
On January 2, 2015, Mr. Caro-Quintero filed a Motion to Withdraw Civil Action
(ECF No. 5) 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
an answer or a motion for summary judgment . . . .” No responsive pleading has been
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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 January 2, 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 January 2, 2015, the date Petitioner filed the Motion to Withdraw Civil
Action.
DATED January 8, 2015, at Denver, Colorado.
BY THE COURT:

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

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