Harris v. Koch

Filing 6

ORDER dismissing this action, as of 3/9/16, by Judge Lewis T. Babcock on 3/14/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00490-GPG
JASON LEE HARRIS,
Plaintiff,
v.
J. KOCH,
J. ARROYO,
T. JAVERNICK,
JOSE SANTANA,
FEDERAL BUREAU OF PRISONS, and
FNU GRISENTI,
Defendants.

ORDER DISMISSING CASE

Plaintiff is in the custody of the Federal Bureau of Prisons and currently is
incarcerated at the United States Penitentiary in Florence, Colorado. Plaintiff initiated
this action on February 25, 2016, by filing a Prisoner Complaint with the Court that
challenges the conditions of his confinement. Magistrate Judge Gordon P. Gallagher
entered an Order to Cure Deficiencies on March 1, 2016, that directed Plaintiff to submit a
certified inmate account statement for the past six months immediately preceding the
filing of this action.
On March 9, 2016, Plaintiff filed a Notice of Voluntary Dismissal and stated that he
desires to dismiss this action. ECF No. 5. The action, therefore, is dismissed as
follows.

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Rule 41(a)(1)(A) provides that Athe 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 . . . .@ Defendants have 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 8-41 James 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 case, therefore, will be closed as of March 9, 2016, the date the Notice
was filed with the Court. See Hyde Constr. Co., 388 F.2d at 507.
Accordingly, it is
ORDERED that the Notice of Voluntary Dismissal, ECF No. 5, is effective as of
March 9, 2016, the date Plaintiff filed the Notice in this action.
DATED at Denver, Colorado, this

14th

day of

March

, 2016.

BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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