Opinion
No. CV 14-0259 KG/KBM
10-15-2014
MIGUEL SALDANA, Plaintiff, v. EDDY COUNTY COMMISSION SECURITY FORCE, et al., Defendants.
ORDER GRANTING MOTION TO DISMISS
This matter is before the Court on Plaintiff's Motion to Dismiss Title 42 USC § 1983 (Doc. 20), which the Court construes as seeking dismissal of Plaintiff's civil rights complaint. Cf. Janssen v. Harris, 321 F.3d 998, 1000 (10th Cir. 2003) (affirming construction of "pro se letter . . . requesting that the case be dismissed without prejudice" as notice under former rule 41(a)(1)(i)). No party has served "either an answer or a motion for summary judgment," Fed. R. Civ. P. 41(a)(1)(A)(i), and thus Plaintiff may dismiss his complaint without an order, see Fed. R. Civ. P. 41(a)(1)(A). See Duke Energy Trading & Mktg., L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001), quoted in Janssen v. Harris, 321 F.3d at 1000. Under rule 41(a)(1)(B), the dismissal of Plaintiff's complaint is without prejudice.
IT IS THEREFORE ORDERED that Plaintiff's Motion to Dismiss Title 42 USC § 1983 (Doc. 20) is GRANTED, Plaintiff's complaint is DISMISSED without prejudice, pending motions are DENIED as moot, and this action is DISMISSED.
/s/_________
UNITED STATES DISTRICT JUDGE