SHAW v. STATE OF INDIANA et al
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)
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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
Dockets.Justia.com
Distribution: Laura Lee Bowker OFFICE OF THE INDIANA ATTORNEY GENERAL laura.bowker@atg.in.gov Shannon Lee Logsdon CITY OF INDIANAPOLIS, CORPORATION COUNSEL slogsdon@indygov.org Aaron R. Raff INDIANA ATTORNEY GENERAL aaron.raff@atg.in.gov Robert Shaw 1215 Jefferson Ave. Indianapolis, IN 46201
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