Filing 38

CLOSED DISMISSED - Entry and Notice. Plaintiff's Motion to Dismiss is effective as a notice of dismissal pursuant to Rule 41(a)(1)(A)(i); cause is DISMISSED cm. Signed by Judge Sarah Evans Barker on 6/29/2010.(MAC)

Download PDF
SHAW v. STATE OF INDIANA et al Doc. 38 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA ROBERT SHAW, Plaintiff, v. STATE OF INDIANA. et al., Defendants. ) ) ) ) ) ) ) ) No. 1:10-cv-651-SEB-DML Entry and Notice Given the procedural posture of the action, the plaintiff's motion to dismiss (dkt 36) is effective as a notice of dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. Mislabeling a notice as a "motion" does not change its character or its effect. United States v. One 1997 E35 Ford Van, VIN: ??1FBJS31VHB70844, 2010 WL 1172481, *3 (N.D.Ill. 2010)(citing cases). The effect of a Rule 41(a)(1) dismissal is clear: A Rule 41(a) "dismissal terminates the case all by itself." Szabo Food Service, Inc. v. Canteen Corp., 823 F.2d 1073, 1078 (7th Cir. 1987). The effect of a Rule 41(a)(1) dismissal without prejudice is "to render the proceedings a nullity and leave the parties as if the action had never been brought." Williams v. Clarke, 82 F.3d 270, 273 (8th Cir. 1996). Tendering an order with either a notice of dismissal or a stipulation of dismissal pursuant to Rule 41(a) is superfluous. See Jenkins v. Village of Maywood, 506 F.3d 622, 624 (7th Cir. 2007) ("Rule 41(a)(1) specifies that a plaintiff may dismiss an action without an order of court"). The action is closed. An order purporting to grant the plaintiff's motion would be superfluous. IT IS SO ORDERED. Date: 06/29/2010 _______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana Distribution: Laura Lee Bowker OFFICE OF THE INDIANA ATTORNEY GENERAL Shannon Lee Logsdon CITY OF INDIANAPOLIS, CORPORATION COUNSEL Aaron R. Raff INDIANA ATTORNEY GENERAL Robert Shaw 1215 Jefferson Ave. Indianapolis, IN 46201

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?