Gonzales v. The New Mexico Corrections Department et al.

Filing 9

ORDER OF VOLUNTARY DISMISSAL by District Judge Kea W. Riggs. The 8 Motion to Withdraw is GRANTED. The 7 Motion for Protective Order is DENIED AS MOOT. Judgment shall be entered in this case closing this matter. (ve)

Case 1:20-cv-00762-KWR-LF Document 9 Filed 09/09/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
NICKOLAS JAMES GONZALES,
Plaintiff,
v.

No. 1:20-cv-00762-KWR-LF

THE NEW MEXICO
CORRECTIONS DEPARTMENT, et al,
Defendants.
ORDER OF VOLUNTARY DISMISSAL
THIS MATTER comes before the Court on Plaintiff’s pro se Motion to Withdraw (Doc.
8). Plaintiff moves to “close out” his Prisoner Civil Tort Complaint (Doc. 1-1), stating he “cannot
pursue the matter.” The Court construes the Motion as a request for voluntary dismissal under Fed.
R. Civ. P. 41(a)(1)(A)(i). That rule gives plaintiffs a right to dismiss an action without prejudice
“before the opposing party serves either an answer or a motion for summary judgment.” Rule
41(a)(1)(A)(i). See also Janssen v. Harris, 321 F.3d 998, 1000 (10th Cir. 2003) (noting the right
to dismiss under Rule 41(a)(1)(i) is “absolute”). This case is still in the screening phase, and
Defendants have not been ordered to file a responsive pleading. Therefore, the Court will grant the
Motion and dismiss the Complaint (Doc. 1-1) without prejudice. The Court will also deny
Plaintiff’s pending Motion for Protective Order (Doc. 7), which is now moot.
IT IS THEREFORE ORDERED that the Motion to Withdraw (Doc. 8) is GRANTED;
the Motion for Protective Order (Doc. 7) is DENIED AS MOOT; and the Court will enter a
judgment closing the case.
IT IS SO ORDERED.

Case 1:20-cv-00762-KWR-LF Document 9 Filed 09/09/21 Page 2 of 2

__________________________________
KEA W. RIGGS
UNITED STATES DISTRICT JUDGE

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