Willingham v. Dobbs et al

Filing 45

ORDER granting 42 Motion to Dismiss Due to Settlement; dismissing this case with prejudice; instructing the Clerk to close this case; retaining jurisdiction of this matter for 90 days to ensure compliance with the terms of the parties' settlement agreement; and certifying that an in forma pauperis appeal from this Order or the accompanying Judgment would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 11/22/2024. (ldb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
CHRISTOPHER WILLINGHAM
ADC #161936
v.

PLAINTIFF

No. 4:24-cv-00225-LPR-JJV

JAMES DOBBS, et al.

DEFENDANTS
ORDER

On October 9, 2024, the parties attended a settlement conference before United States
Magistrate Judge Joe J. Volpe and reached an agreement for settlement.1 Now before the Court is
Defendants’ Motion to Dismiss Due to Settlement (Doc. 42). Defendants state that the parties
have reached a settlement of all claims in this case, and that “[a] condition of the settlement is that
the Plaintiff dismisses with prejudice his claims against the Defendants in this matter.”2 Because
Plaintiff is proceeding pro se, Defendants’ counsel filed the Motion to Dismiss the case with
prejudice.3 The Court has delayed ruling on Defendants’ Motion for more than three weeks in
order to allow Plaintiff adequate time to file a response in opposition to the Motion. No such
response has been filed.
Accordingly, Defendants’ Motion to Dismiss Due to Settlement (Doc. 42) is GRANTED
and this case is DISMISSED with prejudice. The Clerk is instructed to close this case. The Court
will retain jurisdiction of this matter for ninety (90) days to ensure compliance with the terms of
the parties’ settlement agreement. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an
in forma pauperis appeal from this Order or the accompanying Judgment would not be taken in

1

See Civil Case Minutes (Doc. 41).

2

Mot. to Dismiss (Doc. 42).

3

Id.

good faith.
IT IS SO ORDERED this 22nd day of November 2024.
________________________________
LEE P. RUDOFSKY
UNITED STATES DISTRICT JUDGE

2