Koenig
- Phyllis Hamilton
- 4:21-cv-08522
- U.S. District Court · Northern District of California
- 1
In re Koenig: Judge Hamilton denied plaintiff’s motion and dismissed the case without prejudice after plaintiff sought voluntary dismissal.
The plaintiff, a Missouri state prisoner proceeding without a lawyer, was affected by the dismissal of this case without prejudice and by the denial of the motion identified as Docket No. 1. The court also directed that any request concerning his economic impact payment be filed in the appropriate district in Missouri.
What happened
In re Koenig involved a Missouri state prisoner who filed a civil action without a lawyer. He later said he had not intended to open a new case and asked to voluntarily dismiss it.
The court denied the motion identified as Docket No. 1 and dismissed the case without prejudice under Federal Rule of Civil Procedure 41(a). No filing fee was due. The court also denied any request to file a motion in the separate, closed case Scholl v. Mnuchin.
Judge Phyllis J. Hamilton ordered the dismissal on December 8, 2021. The court said that any request for relief concerning the plaintiff’s economic impact payment had to be filed in the appropriate district in Missouri.
The detailed version
- Koenig · No. 4:21-cv-08522
- Phyllis Hamilton
- Dec. 8, 2021
Background
The plaintiff, identified in the opinion as a Missouri state prisoner proceeding without a lawyer, filed a civil action in the Northern District of California. He later filed a notice stating that he had not sought to open a new case and wanted to voluntarily dismiss the action.
Court’s ruling
The court denied the plaintiff’s motion identified as Docket No. 1. It then dismissed the case without prejudice under Federal Rule of Civil Procedure 41(a), which governs voluntary dismissals. The court also stated that no fee was due.
The court separately denied any request by the plaintiff to file a motion in Scholl v. Mnuchin, 494 F. Supp. 3d 661 (N.D. Cal. 2020), and noted that case was closed. It stated that any request for relief concerning the plaintiff’s economic impact payment had to be filed in the appropriate district in Missouri.
Effect of the order
The order ended this case without prejudice. The opinion did not decide the merits of any underlying claim. Judge Phyllis J. Hamilton signed the order on December 8, 2021.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.