Blackwell v. Cascade County et al

Filing 21

ORDER DISMISSING CASE. Any appeal of this decision would not be taken in good faith. Signed by Judge Brian Morris on 11/14/2018. Mailed to Blackwell (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
BRIAN BLACKWELL,

CV-18-00013-GF-BMM-JTJ

Plaintiff,
vs.

ORDER

CASCADE COUNTY, SHERIFF BOB
EDWARDS, CASCADE COUNTY
CORRECTIONAL FACILITY, and
COMMANDER O’FALLEN,
Defendants.
Plaintiff Brian Blackwell, a prisoner proceeding without counsel, sent a
letter to the Clerk of Court dated October 21, 2018 stating that he does not want to
pursue this case any further and asking to dismiss the case. (Doc. 18.) The letter
has been construed as a motion for voluntary dismissal brought pursuant to Rule
41(a)(2) of the Federal Rules of Civil Procedure.
As this matter has been served upon Defendants and Defendants have filed
an Answer (Doc. 14), this case may only be dismissed by court order, on terms that
the court considers proper. Fed. R. Civ. P. 41(a). Defendants do not oppose Mr.
Blackwell’s motion (Doc. 19), therefore, the motion to dismiss will be granted.

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Based upon the foregoing, the Court issues the following:
ORDER
1. Mr. Blackwell’s October 21, 2018 letter to the Clerk of Court (Doc. 18)
as construed as a motion for voluntary dismissal is GRANTED and this matter is
DISMISSED.
2. The Clerk of Court is directed to terminate all pending motions and enter
judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
3. The Clerk of Court is directed to have the docket reflect that the Court
certifies pursuant to Rule 24(a)(3)(A) of the Federal Rules of Appellate Procedure
that any appeal of this decision would not be taken in good faith.
DATED this 14th day of November, 2018.

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