Opinion
Civil Action No. 05-cv-01896-OES.
November 28, 2005
ORDER DISMISSING CASE
This matter is before the Court on the notice of dismissal that Applicant Erica D. Williams submitted pro se and the Court filed on November 14, 2005. In the notice of dismissal, which was submitted in response to the November 2, 2005, order to file amended application and to show cause, Ms. Williams informs the Court that she wants to dismiss voluntarily and without prejudice her habeas corpus application.
The Court will treat the November 14, 2005, notice of dismissal 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 [applicant] without order of court (1) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment." No response has been filed by Respondents 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 notice of dismissal that Applicant Erica D. Williams submitted pro se and the Court filed on November 14, 2005, in response to the November 2, 2005, order to file amended application and to show cause, is treated 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 November 14, 2005, the date the notice of voluntary dismissal was filed in this action. It is
FURTHER ORDERED that the habeas corpus application is denied and the action is dismissed without prejudice. It is
FURTHER ORDERED that judgment is entered in favor of Respondents and against Applicant.