Harris v. Adams County Sheriffs Department, et al

Filing 24

ORDER Granting 21 Plaintiff Motion To Dismiss Complaint. That under Fed. R. Civ. P. 41(a)(1)(A)(I), this case is dismissed without prejudice; and That this case is closed, by Judge Robert E. Blackburn on 3/9/2016.(evana, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 16-cv-00160-REB-MEH MARQUISE DEMONT HARRIS, Plaintiff, v. ADAMS COUNTY SHERIFFS DEPARTMENT, MICHAEL MCINTOSH, in his individual and official capacities, S. FULLER, in his individual and official capacities, and DEPUTY JOHN DOE, in his individual and official capacities, Defendants. ORDER OF DISMISSAL Blackburn, J. This matter is before me on the Plaintiff Motion To Dismiss Complaint [#21]1 filed March 2, 2016. The motion is granted. When filed, the motion to dismiss [#21] was referred [#22] to the assigned magistrate judge. Having gained the consent of the magistrate judge, I withdraw the reference [#22] of the motion and resolve it in this order. The plaintiff asks that his complaint be dismissed under Fed. R. Civ. P. 41(a)(1)(A)(I), which permits a plaintiff to dismiss his or her complaint without a court order before the opposing party serves either an answer or a motion for summary judgment. None of the defendants has filed an answer or motion for summary 1 “[#21]” is an example of the convention I use to identify the docket number assigned to a specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this convention throughout this order. judgment. Procedurally, voluntary dismissal by the plaintiff is proper. THEREFORE, IT IS ORDERED as follows: 1. That the Plaintiff Motion To Dismiss Complaint [#21] filed March 2, 2016, is granted; 2. That under Fed. R. Civ. P. 41(a)(1)(A)(I), this case is dismissed without prejudice; and 3. That this case is closed. Dated March 9, 2016, at Denver, Colorado. BY THE COURT: 2

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