Dopp v. Honaker et al

Filing 26

ORDER DISMISSING CASE without prejudice. Signed by Magistrate Judge Charles B Goodwin on 07/09/2018. (jb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
RICHARD LYNN DOPP,
Plaintiff,
v.
BUDDY HONAKER et al.,
Defendants.

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Case No. CIV-17-816-D

ORDER
On July 9, 2018, Plaintiff Richard L. Dopp, appearing pro se, filed a Notice of
Voluntary Dismissal (Doc. No. 25) pursuant to Federal Rule of Civil Procedure
41(a)(1)(A)(i).
Because no defendant has answered or moved for summary judgment, Plaintiff’s
notice operates as a dismissal of this lawsuit “without a court order.” See Fed. R. Civ. P.
41(a)(1)(A)(i); Janssen v. Harris, 321 F.3d 998, 999-1001 (10th Cir. 2003) (holding that
order of dismissal was a nullity because “[u]nder Rule 41(a)(1)(i) [now Rule
41(a)(1)(A)(i)], a plaintiff has an absolute right to dismiss without prejudice and no action
is required on the part of the court”); De Leon v. Marcos, 659 F.3d 1276, 1283 (10th Cir.
2011) (explaining that the filing of a motion to dismiss does not affect a plaintiff’s right to
unilaterally dismiss his case under Fed. R. Civ. P. 41(a)(1)(A)(i)). The filing of a Rule
41(a)(1)(A)(i) notice “closes the file” and “the court has no role to play.” Janssen, 321
F.3d at 1000 (internal quotation marks omitted). This action therefore is deemed dismissed
without prejudice effective July 9, 2018.

IT IS SO ORDERED this 9th day of July, 2018.

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