Case Information
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO UNITED STATES DISTRICT COURT DENVER, COLORADO
Civil Action No. 05-cv-278-OES DAVID SALVADOR COTA,
Plaintiff, v.
ROBERT A. HOOD, G. L. HERSHBERGER,
HARRELL WATTS, ROB MUNDT, LES SMITH, S. BEICKER, and T. G. HERLICH, in individual and official capacities,
Defendants.
ORDER DISMISSING CASE
This matter is before the Court on the motion for dismissal that Plaintiff David Salvador Cota submitted pro se and the Court filed on June 20, 2005. In the motion, Mr. Cota informs the Court that he wants to withdraw voluntarily his complaint.
The Court must construe the June 20, 2005, motion to withdraw liberally because Mr. Cota has filed the motion on his own behalf. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991).
Therefore, the Court will construe the June 20 motion liberally as a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure.
Rule 41(a)(1) provides that "an action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse
*2 party of an answer or of a motion for summary judgment." No response has been filed by Defendants in this action. A voluntary dismissal pursuant to Rule 41(a)(1) is effective immediately upon the filing of a written notice of dismissal, and no subsequent court order is necessary. See J. Moore, Moore's Federal Practice 41.02(2) (2d ed. 1995); Hyde Constr. Co. v. Koehring Co., 388 F.2d 501, 507 (10th Cir. 1968). The notice closes the file. See Hyde Constr. Co., 388 F.2d at 507. Accordingly, it is
ORDERED that the motion to withdraw that Plaintiff David Salvador Cota submitted pro se and the Court filed on June 20, 2005, is construed liberally as a notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1). It is
FURTHER ORDERED that the voluntary dismissal is effective as of June 20, 2005, the date the notice of dismissal was filed in this action. It is
FURTHER ORDERED that the complaint and the action are dismissed without prejudice. It is
FURTHER ORDERED that judgment is entered in favor of Defendants and against Plaintiff.
DATED at Denver, Colorado, this day of . 2005.
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 05-cv-00278-OES David Salvador Cota Reg. No. 78854-012 ADX - Florence PO Box 8500 Florence, CO 81226
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on