Harris et al v. U S Bank National Association et al

Filing 18

ORDER granting 17 17 Motion to Dismiss Party and dismissing the claims of separate plaintiff Lawrence Peace without prejudice and dismissing Peace as a party to this action. Signed by Judge Susan Webber Wright on 5/23/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

MARCUS HARRIS, SANTOSHA
HARRIS, and LAWRENCE PEACE
Plaintiffs
V.
U.S. BANK NATIONAL
ASSOCIATION
Defendant

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NO: 4:10CV01525 SWW

ORDER
Before the Court is a pro se motion by Separate Plaintiff Lawrence Peace (“Peace”),
requesting that the Court dismiss him from this action without prejudice. Peace brings his
motion pursuant to Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure. Because
Defendant has answered the complaint, the Court construes Peace’s motion as one to dismiss his
separate claims against Defendant without prejudice pursuant to Rule 41(a)(2). The time for
responding has passed, and Defendant has not filed a response. Accordingly, Plaintiff’s motion
(docket entry #17) is GRANTED. The claims of Separate Plaintiff Lawrence Peace are
DISMISSED WITHOUT PREJUDICE and Peace is dismissed as a party to this action.
IT IS SO ORDERED THIS 23rd

DAY OF MAY, 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE