Doering v. Correct Care Solutions et al

Filing 45

ORDER withdrawing the reference; granting 43 unopposed motion for voluntary dismissal; dismissing without prejudice Doering's remaining claims; denying without prejudice 40 motion for summary judgment to Defendants' renewing it if Doer ing refiles; denying without prejudice 44 the request for a preemptive costs order; and certifying that an in forma pauperis appeal from this Order and accompanying judgment would not be taken in good faith. If Doering refiles, then Defendants may file Rule 41(d) motion at that time. Signed by Chief Judge D. P. Marshall Jr. on 10/8/2019. (jbh)

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IN THE UNIT ED STATES DISTR ICT COUR T EAST ERN DISTR ICT OF ARKA NSAS EAST ERN DIVIS ION ALAN DOER ING ADC #106115 v. PLAINTIFF No. 2:19-cv-53-DPM GREG RECHCIGL, Healt h Servic e Admi nistra tor, Brick eys Unit; and GERA LDIN E CAMPBELL, APN, Brick eys Unit DEFE NDAN TS ORDE R 1. The Court withd raws the reference. 2. Unop posed motio n for volun tarily dismis sal, Ng 43, grante d. Doeri ng' s remai ning claims will be dismi ssed witho ut prejud ice. 3. Motio n for summ ary judgm ent, Ng 40, denie d witho ut prejud ice to Defen dants' renew ing it if Doeri ng refiles. The reque st for a preem ptive costs order, NQ 44, is also denie d witho ut prejud ice. If Doeri ng refiles, then Defen dants may file Rule 41(d) motio n at that time. 4. An in forma pauperis appea l from this Order and accom panyi ng Judgm ent would not be taken in good faith. 28 U.S.C. ยง 1915(a)(3). So Ordered. D .P. Marshall Jr. United States District Judge -2-

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