Opinion
1:22-cv-3205-GHW
07-07-2022
AARON D. SMALLS, Plaintiff, v. CITY OF NEW YORK, POLICE OFFICER NASH, and POLICE OFFICER VENTEURER, Defendants.
ORDER
GREGORY H. WOODS, DISTRICT JUDGE
The Court lacks jurisdiction to consider Plaintiff's July 6, 2022 request for counsel and proposed amended complaint. On May 13, 2022, Plaintiff voluntarily dismissed this case pursuant to Rule 41(a)(1)(A)(i), and this case was closed. Dkt. No. 12. “A notice of dismissal ‘is effective the moment it is filed with the clerk.'”) Samake v. Thunder Lube, Inc., 24 F.4th 804, 817 (2d Cir. 2022) (Menashi J., dissenting) (quoting Wright and Miller § 2363 Voluntary Dismissal-Dismissal as a Matter of Right, 9 Fed. Prac. & Proc. Civ. § 2363 (4th ed.)). Thus, when the voluntary dismissal was filed, the Court lost its jurisdiction to consider this case. See id. (quoting 8 James W. Moore, Moore's Federal Practice § 41.33[6][f] (3d ed. 2021) for the proposition that “[o]nce a notice of dismissal without prejudice is filed, the court loses jurisdiction over the case.”). Accordingly, the Court lacks jurisdiction to consider Plaintiff's July 6, 2022 filings.
The Clerk of Court is directed to strike Plaintiff's July 6, 2022 proposed amended complaint and send a copy of this order to Plaintiff via certified mail.
SO ORDERED. .