Opinion
C23-5584-KKE
12-12-2023
THEODORE E KING, Plaintiff, v. CHRISTINE WORMUTH et al., Defendants.
ORDER DISMISSING CASE WITHOUT PREJUDICE
Kymberly K. Evanson United States District Judge
This matter comes before the Court on Plaintiff's request to withdraw a civil case. Dkt. No. 38. The Court construes Plaintiff's “motion to withdraw” as a motion for voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(2). That rule allows a court to dismiss an action at the plaintiff's request. The Court finds good cause to dismiss the complaint without prejudice.
In Plaintiff's motion, Plaintiff avers, “I have not received any court notice of electronic filings via email, despite my authorized PACER account.” Dkt. No. 38 at 1. While Plaintiff did elect to receive electronic notices of filings from the District of New Mexico, where this case began, Plaintiff did not elect to receive electronic notices of filings from this Court once the case was transferred to this venue. On June 29, 2023, the Court mailed Plaintiff a form to register for electronic filing notices and instructions for filing electronically. Dkt. No. 23. Plaintiff did not return the form to register for electronic filing in this Court. Accordingly, all filings in this case have been mailed to Plaintiff's address of record.
The Court GRANTS Plaintiff's motion and dismisses this case without prejudice. Dkt.No. 38. The Clerk is instructed to CLOSE the case.
Defendants are instructed to send a copy of this order to any email addresses it believes may belong to Plaintiff.