UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
CODY SCOTT GARRETT,
Plaintiff,
v.
DR. WILLIAM SHEPPARD; SHEPPARD ENTITIES, INC.; UNITED CHIROPRACTIC AND MEDICAL PLLC; DOCTOR'S ALLIANCE, LLC; TRANSWORLD BUSINESS ADVISORS, LLC; LESLIE WM. ADAMS, individually; WILLIAM MYSKA IRVINE, individually; LESLIE WM. ADAMS & ASSOCIATES, PLLC; STACEY LEN BARNES, individually; MONICA ALEJANDRA GARZA-HOVEL, individually; and KEARNEY, MCWILLIAMS & DAVIS, PLLC,
Defendants.
FILED: October 2, 2026
Case No.:
4:26-cv-00657-DPM
JUDGE:
D. P. Marshall Jr.
NOTICE OF DISMISSAL
WITHOUT PREJUDICE
NOTICE OF DISMISSAL WITHOUT PREJUDICE
PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(i)
1. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff CODY SCOTT GARRETT hereby gives notice that the above-captioned action is voluntarily dismissed, without prejudice, against all Defendants.
2. This notice is filed before any Defendant has served either an answer or a motion for summary judgment in this action. Accordingly, this dismissal is effective immediately upon filing, without further order of the Court.
3. Plaintiff expressly states that this dismissal is WITHOUT PREJUDICE and does not operate as an adjudication on the merits. Plaintiff has not previously dismissed any federal- or state-court action based on or including the same claim against the same Defendants.
4. Plaintiff reserves all rights to refile this action or any related claims in the appropriate forum, including the United States District Court for the Southern District of Texas or the United States District Court for the Eastern District of Arkansas, as may be appropriate.
I. LEGAL STANDARD
5. Federal Rule of Civil Procedure 41(a)(1)(A)(i) provides that "the plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment."
6. A Rule 41(a)(1) dismissal is self-executing and effective immediately upon filing. The district court loses jurisdiction over the merits of the action the moment the notice is filed. See Marex Titanic, Inc. v. Wrecked & Abandoned Vessel, 2 F.3d 544, 546 (4th Cir. 1993) (holding that a Rule 41(a)(1)(i) dismissal "is self-executing, i.e., it is effective at the moment the notice is filed with the clerk and no judicial approval is required").
7. A dismissal under Rule 41(a)(1)(A)(i) is without prejudice unless the plaintiff has previously dismissed the same claim in any federal or state court. Fed. R. Civ. P. 41(a)(1)(B). Plaintiff has not previously dismissed any action based on or including the same claim.
II. REASONS FOR DISMISSAL WITHOUT PREJUDICE
8. Plaintiff seeks a voluntary dismissal without prejudice for the following reasons:
(a) To Cure Jurisdictional Defect: This Court dismissed the original action without prejudice on July 16, 2026, finding that complete diversity did not exist because Plaintiff Joshua DeAnthony Woodson is a citizen of Texas, as are all Defendants. Plaintiff Garrett has filed a Motion for Reconsideration and Leave to Amend (Doc. 10) seeking to cure this defect by dropping Woodson as a plaintiff. However, Plaintiff now elects to dismiss this action entirely and refile in the proper forum.
(b) To Pursue Claims in the Proper Forum: Plaintiff intends to refile this action in the United States District Court for the Southern District of Texas, where venue is proper and where all Defendants reside, or in the alternative, to refile in the Eastern District of Arkansas after exhausting all jurisdictional remedies.
(c) To Preserve Claims Under the Arkansas Savings Statute: Under Ark. Code Ann. § 16-56-126, Plaintiff has one year from the date of this dismissal to refile his claims in the proper court. The Arkansas Supreme Court has held that this statute applies when the original action was dismissed for lack of subject matter jurisdiction. See Carton v. Missouri Pacific Railroad Co., 295 Ark. 126, 747 S.W.2d 93 (1988); see also Chandler v. Roy, 272 F.3d 1057 (8th Cir. 2001). Plaintiff intends to exercise this right.
(d) To Consolidate Related Claims: Plaintiff seeks to consolidate all related claims—including those currently pending in the Texas state court (Cause No. 1263413)—into a single, properly venued action.
III. EFFECT OF DISMISSAL
9. This dismissal is effective immediately upon filing. The Court shall retain no jurisdiction over the merits of this action except as necessary to enforce the terms of this dismissal.
10. This dismissal is without prejudice to Plaintiff's right to refile the same or similar claims in any court of competent jurisdiction.
11. Plaintiff expressly reserves all rights, claims, and defenses, including but not limited to:
(a) All claims for legal malpractice, breach of contract, breach of fiduciary duty, fraudulent inducement, negligent misrepresentation, violations of the Texas Deceptive Trade Practices Act, defamation per se, fraud on the court, malicious prosecution, abuse of process, identity theft, invasion of privacy, unauthorized practice of law, and spoliation of evidence;
(b) All claims for declaratory judgment, injunctive relief, and constructive trust;
(c) All claims for attorney's fees, costs, and interest; and
(d) All rights to seek review of any adverse ruling, including the Court's Order of Dismissal (Doc. 8) and Judgment (Doc. 9).
IV. CONCLUSION
12. For the foregoing reasons, Plaintiff CODY SCOTT GARRETT respectfully gives notice that this action is voluntarily dismissed, without prejudice, against all Defendants.
Respectfully submitted,
Date: October 2, 2026
/s/ Cody Scott Garrett
Cody Scott Garrett, Plaintiff, Pro Se
P.O. Box 145
Austin, Arkansas 72007
(469) 420-0825
Cody@AugmentedLitigant.org
CERTIFICATE OF SERVICE
I hereby certify that on this 2nd day of October, 2026, a true and correct copy of the foregoing Notice of Dismissal Without Prejudice was served upon all counsel of record via the Court's CM/ECF electronic filing system.
/s/ Cody Scott Garrett
Cody Scott Garrett, Plaintiff, Pro Se