Stewart M. Artis v. Second Judicial District Court, et al.

Summary

The United States District Court for the District of New Mexico construed the petitioner’s notice withdrawing his filings as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i). The court dismissed the amended § 2241 habeas petition without prejudice, denied pending motions as moot, denied a certificate of appealability, and directed entry of a separate judgment.

Holdings

1. A plaintiff has an absolute right to dismiss an action without prejudice by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.
2. The amended petition was voluntarily dismissed without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i).
3. A certificate of appealability was denied.

Questions Presented

1. Whether Petitioner's notice withdrawing his documents and stating that he did not wish to proceed should be construed as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i).
2. Whether the petition should be dismissed without prejudice when respondents had not yet filed an answer or motion for summary judgment.
3. Whether Petitioner's pending motions should be denied as moot and whether a certificate of appealability should issue.

Disposition

dismissed