Hanson v. Bureau of Prisons
- Pitts
- 5:24-cv-07170
- U.S. District Court · Northern District of California
- 2
In Hanson v. Bureau of Prisons, Judge Pitts dismissed the case without prejudice after Hanson voluntarily withdrew her action.
Denise Dana Hanson and the Bureau of Prisons; the action was dismissed without prejudice and the file was closed.
What happened
In Hanson v. Bureau of Prisons, Denise Dana Hanson, a prisoner representing herself, sent the court a letter about medical treatment and confinement conditions at correctional institutions. The court opened a new case, but Hanson later said she did not intend to file one.
Hanson asked the court to dismiss the action. The court treated her request as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1), which allows dismissal before the defendant serves an answer or a summary-judgment motion.
Judge P. Casey Pitts ruled that Hanson’s notice met the rule’s requirements and dismissed the case without prejudice. The clerk was ordered to terminate all pending motions and close the file.
The detailed version
- Hanson v. Bureau of Prisons · No. 5:24-cv-07170
- Pitts
- Dec. 4, 2024
Background
Denise Dana Hanson, a pro se prisoner at FCI Pekin, sent the court a letter raising several claims about medical treatment and conditions of confinement at various correctional institutions. The court opened a new action to protect her rights, and filed the letter as the complaint on October 15, 2024.
Hanson later notified the court that she did not intend to file a new complaint and requested dismissal. The court construed her request as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1).
Rule and analysis
The court explained that a plaintiff may dismiss an action by filing a notice before the opposing party serves an answer or a motion for summary judgment. Under the rule, the dismissal is without prejudice unless the plaintiff states otherwise.
The court found that Hanson’s notice met the requirements of Rule 41(a)(1).
Disposition
The case was DISMISSED without prejudice. The clerk was ordered to terminate all pending motions and close the file.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.