Wilcox v. Gay et al
ORDER OF VOLUNTARY DISMISSAL by District Judge Kea W. Riggs. Plaintiff's pro se 13 Motion to Dismiss is GRANTED. The Court will enter a judgment DISMISSING this case WITHOUT PREJUDICE. (ve)
Case 1:20-cv-01018-KWR-LF Document 14 Filed 11/17/21 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOHN GAY, et al,
ORDER OF VOLUNTARY DISMISSAL
THIS MATTER comes before the Court on Plaintiff’s pro se Motion to Dismiss his
Prisoner Civil Rights Complaint (Doc. 13). 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) without prejudice.
IT IS ORDERED that the Motion to Dismiss (Doc. 13) is GRANTED; and the Court will
enter a judgment DISMISSING this case WITHOUT PREJUDICE.
IT IS SO ORDERED.
KEA W. RIGGS
UNITED STATES DISTRICT JUDGE
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