Re v. Jenkins ( 2024 )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA AMANDA RE, ) ) Plaintiff, ) ) -VS- ) Case No. CIV-24-566-F ) JAMES ADAM JENKINS and ) KERRY L. SYLVESTER, ) ) Defendants. ) ORDER On June 5, 2024, the court entered an order directing plaintiff Amanda Re to show cause in writing by June 24, 2024, why her Complaint for a Civil Case, filed June 3, 2024, should not be dismissed without prejudice for lack of subject matter jurisdiction pursuant to Rule 12(h)(3), Fed. R. Civ. P. Doc. no. 3. The court is in receipt of a letter from plaintiff Amanda Re, filed June 20, 2024, wherein she states a desire to “retract” her complaint. Doc. no. 4. Plaintiff states that her complaint was filed in error. Jd. Upon review, the court construes plaintiff's letter as notice of dismissal pursuant to Rule 41(a)(1)(A)G), Fed. R. Civ. P. Thus, plaintiffs action against defendants James Adam Jenkins and Kerry L. Sylvester is dismissed without prejudice, see, Rule 41(a)(1)(B), Fed. R. Civ. P., requiring no further action on the part of the court. Janssen v. Harris, 321 F.3d 998, 1000-1001 (10 Cir. 2003). DATED this 20" day of June, 2024. STEPHEN P. FRIOT . UNITED STATES DISTRICT JUDGE 24-0566p002.docx