Cornelius Wilson v. Hooper et al

Filing 6

RULING AND ORDER: Plaintiff's 5 Motion to Dismiss be treated as a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i), and the clerk of court is directed to close the case. Plaintiff's pending 3 Motion to Proceed In Forma Pauperis be DENIED AS MOOT. Signed by Judge John W. deGravelles on 4/30/2019. (KAH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
CORNELIUS LORENZO
CIVIL ACTION
WILSON (#356241)
VERSUS

NO. 18-301-JWD-EWD

TIMOTHY HOOPER, ET AL.
RULING AND ORDER
Before the Court is Plaintiff’s Motion to Dismiss. 1 Federal Rule of Civil Procedure 41,
provides that a “plaintiff may dismiss an action without a court order by filing . . . a notice of
dismissal before the opposing party serves either an answer or a motion for summary judgment.” 2
The notice of dismissal is effective immediately. 3 The notice closes the case, the district court is
divested of jurisdiction over the case (except for consideration of collateral issues or exercising its
supervisory powers), and not even a perfunctory order closing the case is needed. 4
Plaintiff’s Motion is functionally a Rule 41(a)(1)(A)(i) notice of dismissal, and since it was
filed before Defendants served an answer or a motion for summary judgment it should be treated
as such. Accordingly,
IT IS ORDERED that Plaintiff’s Motion to Dismiss 5 be treated as a notice of voluntary
dismissal pursuant to Rule 41(a)(1)(A)(i), and the clerk of court is directed to close the case.
IT IS FURTHER ORDERED that Plaintiff’s pending Motion to Proceed In Forma
Pauperis 6 be DENIED AS MOOT.
Signed in Baton Rouge, Louisiana, on April 30, 2019.

S
1

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

R. Doc. 5.
Fed. R. Civ. P. art. 41(a)(1)(A)(i).
3
Qureshi v. U.S., 600 F.3d 523, 526 (5th Cir. 2010).
4
Id. citing American Cyanamid Co. v. McGhee, 317 F.2d 295, 297 (5th Cir. 1963).
5
R. Doc. 5.
6
R. Doc. 3.
2