Padilla et al v. Hickenlooper

Filing 5

ORDER granting 4 Motion for Dismissal, as of 4/8/16, by Judge Lewis T. Babcock on 4/13/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00746-GPG
ALFONSO PADILLA, and
JONATHAN R. GONZALEZ,
Applicants,
v.
JOHN HICKENLOOPER,
CYNTHIA H. COFFMAN,
KARL KRAMER,
JOSPEH BRADY,
DEAN GOZALES,
Respondents.

ORDER DISMISSING CASE

Applicants are in the custody of the Denver County Jail. On March 31, 2016, they
submitted pro se an Application for a Writ of Habeas Corpus Pursuant to U.S.C. § 2241.
(ECF No. 1). Magistrate Judge Gordon P. Gallagher entered an Order to Cure
Deficiencies on April 7, 2016. (ECF No. 3). On April 8, 2016, Applicants filed a “Motion
for Dismissal” and stated that they desired to dismiss this action. (ECF No. 4). The action,
therefore, is dismissed as follows.
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 . . . .@ Respondents have not filed any responsive
pleading in this action. Further, a voluntary dismissal under Rule 41(a)(1)(A)(i) is

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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 April 8, 2016, the date the Motion for
Dismissal was filed with the Court. See Hyde Constr. Co., 388 F.2d at 507.
Accordingly, it is
ORDERED that the Motion for Dismissal (ECF No. 4) is GRANTED and this 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 8, 2016, the date Applicants filed the Motion for Dismissal in this
action.
DATED at Denver, Colorado, this

13th

day of

April

, 2016.

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

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