Cowan v. Taubenblatt

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

DONALD R. COWAN, ) ) Plaintiff, ) ) v. ) Case No. CIV-23-880-D ) JOEL TAUBENBLATT, Bureau Chief, ) Wireless Telecommunications Bureau of ) the Federal Communications Commission, ) ) Defendant. )

ORDER Before the Court is Plaintiff Donald R. Cowan’s Motion to Dismiss Without Prejudice [Doc. No. 34]. Although styled as a motion, the Court, in construing Mr. Cowan’s pro se pleadings liberally, treats the filing as a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Therefore, Mr. Cowan’s Motion operates as a dismissal of this case without a Court order upon the date of filing. See Janssen v. Harris, 321 F.3d 998, 1000 (10th Cir. 2003) (holding that the filing pursuant to Rule 41(a)(1) closes the case, and no action is required on the part of the court); see also Netwig v. Georgia Pacific Corp., 375 F.3d 1009, 1010 (10th Cir. 2004) (holding that a voluntary dismissal was effective on date of Rule 41(a)(1) filing). IT IS SO ORDERED this 30" day of May, 2024.

Ny Q.OyPt TIMOTHY D. DeGIUSTI Chief United States District Judge