Lin v. Bureau of Prisons

Opinion

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

ERIC LIN, ) ) Petitioner, ) ) v. ) Case No. CIV-22-923-D ) FEDERAL BUREAU OF PRISONS, ) ) Respondent. )

O R D E R

On October 25, 2022, the Clerk received from Eric Lin a pro se pleading [Doc. No. 1] that he identified as “a motion for a preliminary injunction against the FBOP” but was filed as a petition for a writ of mandamus.1 On October 31, 2022, the Clerk received a second paper from Mr. Lin [Doc. No. 5] designated as “a petition to withdraw the motion requesting a preliminary injunction against the FBOP.” Mr. Lin states unequivocally in his October 31 filing that he wants to withdraw his original pleading. The Court construes this statement as a notice of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). So construed, Mr. Lin’s statement operates as a notice of voluntary dismissal of this case without further action by the Court.2

1 As a pro se litigant, Mr. Lin is entitled to a liberal construction of his pleadings. See Yang v. Archuleta, 525 F.3d 925, 927 n.1 (10th Cir. 2008); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991).

2 See De Leon v. Marcos, 659 F.3d 1276, 1283 (10th Cir. 2011) (“stipulation of dismissal filed under Rule 41(a)(1)(A)(i) or (ii) is self-executing”); Janssen v. Harris, 321 F.3d 998, 1000 (10th Cir. 2003) (pro se plaintiff’s “clear statement” that he wants his action dismissed effectuates a dismissal under Rule 41(a)(1)(A)(i); “no action is required on the part of the court”); see also IT IS THEREFORE ORDERED that the Clerk is directed to terminate this action in her records as of the date of Mr. Lin’s notice of dismissal.> IT IS SO ORDERED this 1* day of November, 2022.

\ by Q QP: TIMOTHY D. DeGIUSTI Chief United States District Judge

Netwig v. Ga. Pac. Corp., 375 F.3d 1009, 1010 (10th Cir. 2004) (dismissal was effective on date of Rule 41(a)(1) filing). > When processing Mr. Lin’s initial filing as a prisoner petition, the Clerk entered an order of referral to a magistrate judge under 28 U.S.C. § 636. That Order [Doc. No. 3] is VACATED.