Lewis v. Kenneth William Lewis
ORDER dismissing this action, as of 4/25/16, by Judge Lewis T. Babcock on 4/27/16. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00620-GPG
KENNETH WILLIAM LEWIS, et al.,
ORDER DISMISSING CASE
Plaintiff, Kenneth-William Lewis, is currently living in Colorado Springs, Colorado.
He initiated this action on March 16, 2016, by filing pro se a “Notice of and Bill of
Demand for Declaratory Relief and Preliminary Injunction by Special Term” (ECF No. 1)
and a “Declaration by Affidavit for Waiver of Court Fees” (ECF No. 3). On March 17,
2016, Magistrate Judge Gordon P. Gallagher ordered Plaintiff to cure certain designated
deficiencies in his documents if he wished to pursue his claims in this action. In
response, Plaintiff filed an Application to Proceed in District Court Without Prepaying
Fees or Costs (Long Form) (ECF No. 5) and an Amended Complaint (ECF No. 6). He
has been granted leave to proceed in forma pauperis. (ECF No. 7).
On April 11, 2016, Magistrate Judge Gallagher directed Plaintiff to file an
Amended Complaint that complies with Rule 8 of the Federal Rules of Civil Procedure.
(ECF No. 8). In response, on April 25, 2016, Plaintiff filed a “Notice of Voluntary
Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(i).” (ECF No. 10). Rule 41(a)(1) of the
Federal Rules of Civil Procedure 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 . . . .” In this case, no responsive
pleading has been filed by the Defendant. 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). Plaintiff’s Notice of Voluntary Dismissal, therefore, closes the file as of April 25,
2016. 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 April 25, 2016, the date Plaintiff filed his Notice of Voluntary Dismissal
(ECF No. 10).
DATED at Denver, Colorado, this 27th day of
BY THE COURT:
s/Lewis T. Babcock________________
LEWIS T. BABCOCK, Senior Judge
United States District Court
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