Opinion
CIVIL ACTION NO. 19-147-JWD-EWD
04-29-2019
PATRICK STRAUGHTER (#126319) v. LOUISIANA DEPARTMENT OF CORRECTIONS, ET AL.
RULING AND ORDER
Before the Court is Plaintiff's Motion to Withdraw Pleading, which this Court construes as a Motion for Voluntary Dismissal. Federal Rule of Civil Procedure 41, provides that a "plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." The notice of dismissal is effective immediately. The notice closes the case, the district court is divested of jurisdiction over the case (except for consideration of collateral issues or exercising its supervisory powers), and not even a perfunctory order closing the case is needed.
R. Doc. 3.
Qureshi v. U.S., 600 F.3d 523, 526 (5th Cir. 2010).
Id. citing American Cyanamid Co. v. McGhee, 317 F.2d 295, 297 (5th Cir. 1963).
Plaintiff's Motion is functionally a Rule 41(a)(1)(A)(i) notice of dismissal, and since it was filed before Defendants served an answer or a motion for summary judgment it should be treated as such. Accordingly,
IT IS ORDERED that Plaintiff's Motion to Withdraw Pleading be treated as a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i), and the clerk of court is directed to close the case.
R. Doc. 3.
IT IS FURTHER ORDERED that Plaintiff's pending Motion for Extension of Time be DENIED AS MOOT.
R. Doc. 2. --------
Signed in Baton Rouge, Louisiana, on April 29, 2019.
/s/ _________
JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA