Warren v. Harden et al

Filing 34

ORDERED as follows: (1) Plf's 33 Motion for an Order of Dismissal is GRANTED; (2) Dfts Harden and McKee's 27 Motion to Dismiss for Failure to State a Claim is DENIED AS MOOT; (3) Plf's claims against Dfts Kenny Harden and Albert McKee are DISMISSED WITHOUT PREJUDICE, with each party to bear its own costs. Signed by Honorable Judge Mark E. Fuller on 6/21/2013. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
KATE HAWKINS WARREN,
Administratrix of the Estate of Ronnie
O’Neal Warren,

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Plaintiff,
v.
KENNY HARDEN, et al.,
Defendants.

CASE NO. 2:12-cv-228-MEF
(WO – Do Not Publish)

ORDER
Before the Court is Plaintiff’s Motion for Voluntary Dismissal (Doc. #33), which the
Court construes as a motion for an order of dismissal of Plaintiff’s claims against Defendants
Kenny Harden (“Harden”) and Albert McKee (“McKee”), pursuant to Federal Rule of Civil
Procedure 41(a)(2).
It is hereby ORDERED as follows:
(1) Plaintiff’s Motion for Voluntary Dismissal (Doc. #33) is GRANTED.
(2) Defendants Harden and McKee’s Motion to Dismiss for Failure to State a Claim
(Doc. #27) is DENIED AS MOOT.
(3) Plaintiff’s claims against Defendants Kenny Harden and Albert McKee are
DISMISSED WITHOUT PREJUDICE, with each party to bear its own costs.
DONE this the 21st day of June, 2013.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE