Fegans v. Correctional Medical, et al

Filing 241

ORDER denying as moot 212 213 231 234 236 Motions ; granting 237 Motion to Voluntarily Dismiss without prejudice. Signed by Magistrate Judge Henry L. Jones, Jr on 2/20/09. (mkf)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION MICHAEL J. FEGANS, REG. #042-06010 v. CORRECTIONAL MEDICAL SERVICES, INC., et al. ORDER This matter is before the Court on several motions filed by the parties (DE ##212, 213, 231, 236), in addition to plaintiff's motion to voluntarily dismiss this action, without prejudice (DE #237). Defendants object to dismissal of this action without prejudice (DE #238).1 Pursuant to Fed.R.Civ.P. 41(a)(2), plaintiff's motion to voluntarily dismiss this action may be granted on terms which the Court considers proper. In addition, the dismissal is without prejudice, unless the Order states otherwise. Having reviewed the record of this case and noting the history of plaintiff's appointed and retained counsel, the Court finds dismissal without prejudice to be the proper and fair course in this matter. Accordingly, IT IS, THEREFORE, ORDERED that plaintiff's motion to voluntarily dismiss this case without prejudice (DE #237) is hereby GRANTED. IT IS FURTHER ORDERED that all other pending motions are hereby DENIED as moot. An appropriate Judgment shall accompany this Order. 5:04CV00155HLJ DEFENDANTS PLAINTIFF

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The attorney for the medical defendants notified the Court by telephone of defendants' objection to dismissal without prejudice.

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IT IS SO ORDERED this 20th day of February, 2009.

__________________________________ United States Magistrate Judge

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