Parks v. Knutson - Voluntary Dismissal Without Prejudice
Summary
Plaintiff Allen Alexander Parks filed a notice of voluntary dismissal of Case No. CIV-25-1564-D without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) on April 9, 2026. The court construed the notice as effective immediately without further court action and directed the Clerk to terminate the action in the records. The referral to United States Magistrate Judge Chris M. Stephens under 28 U.S.C. § 636 was vacated.
“Plaintiff's request operates as a notice of voluntary dismissal of this case without further action by the Court.”
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What changed
The court issued an order granting plaintiff's notice of voluntary dismissal filed on April 9, 2026. Under Fed. R. Civ. P. 41(a)(1)(A)(i), a plaintiff's notice of dismissal is self-executing and operates as a dismissal without further action by the court. The case was terminated as of the date of the notice. The referral order to Magistrate Judge Chris M. Stephens was vacated.
Parties seeking to refile similar claims should note that a voluntary dismissal without prejudice restores the plaintiff's ability to refile the action, though statutes of limitations and other procedural bars may apply. Opposing parties in cases receiving similar notices should be aware that Rule 41(a)(1)(A)(i) dismissal requires no court approval once the notice is filed.
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Apr 24, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 10, 2026 Get Citation Alerts Download PDF Add Note
Allen Alexander Parks v. Mark Knutson, et al.
District Court, W.D. Oklahoma
- Citations: None known
- Docket Number: 5:25-cv-01564
Precedential Status: Unknown Status
Trial Court Document
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ALLEN ALEXANDER PARKS, )
)
Plaintiff, )
)
v. ) Case No. CIV-25-1564-D
)
MARK KNUTSON, et al., )
)
Defendants. )
ORDER
On April 9, 2026, the Clerk received Plaintiff’s “Notice of Voluntary Dismissal of
This CIV-25-1564-D Case Without Prejudice” [Doc. No. 17], which the Court construes
as a notice of dismissal pursuant to FED. R. CIV. P. 41(a)(1)(A)(i). So construed, Plaintiff’s
request operates as a notice of voluntary dismissal of this case without further action by
the Court.1
IT IS THEREFORE ORDERED that the Clerk is directed to terminate this action
in her records as of the date of Plaintiff’s notice of voluntary dismissal.2
1 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
Netwig v. Ga. Pac. Corp., 375 F.3d 1009, 1010 (10th Cir. 2004) (dismissal was effective on date
of Rule 41(a)(1) filing).
2 When processing Plaintiff’s initial filing, the Clerk entered an order of referral to United States
Magistrate Judge Chris M. Stephens under 28 U.S.C. § 636. That Order [Doc. No. 4] is
VACATED.
IT IS SO ORDERED this 10" day of April, 2026.
□□ Q.QyPt
TIMOTHY D. DeGIUSTI
Chief United States District Judge
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Source document text, dates, docket IDs, and authority are extracted directly from W.D. Oklahoma.
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