Cook v. Norwood et al

Filing 53

ORDER granting 44 Motion to Dismiss Parties; David Norwood (Sheriff Ouachita County), James Bolton (Jail Administrator) and Bobby Joe Johnson (Jailer) dismissed without prejudice; claims against separate defendant Nicole Ferguson remain. Signed by Honorable Susan O. Hickey on May 10, 2017. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
JOE COOK

V.

PLAINTIFF

CASE NO. 1:16-CV-01063

SHERIFF DAVID NORWOOD,
Ouachita County Sheriff’s Department;
JAMES BOLTON, Jail Administrator;
JAILER NICOLE L. FERGUSON; and
JAILER BOBBY JOE JOHNSON

DEFENDANTS
ORDER

Before the Court is Plaintiff’s Rule 41 Dismissal of Actions to Summary Judgment as to
Defendants David Norwood, James Bolton, and Bobby Joe Johnson. ECF No. 44. The Court
construes this pleading as a Motion to Dismiss Pursuant to Federal Rule of Civil Procedure
41(a)(2). Defendants Norwood, Bolton, and Johnson have no objections and stipulate to their
dismissal. ECF No. 45.
The Federal Rules of Civil Procedure allow a Plaintiff to dismiss an action, by court
order, on “terms that the court considers proper.” FED. R. CIV. P. 41(a)(2). Dismissal under Rule
41(a)(2) is without prejudice unless the court states otherwise. Id.
Accordingly, Plaintiff’s Complaint (ECF No. 1) and Amended Complaint (ECF No. 28)
should be and hereby are DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of
Civil Procedure 41(a)(2) against Defendants David Norwood, James Bolton, and Bobby Joe
Johnson. Plaintiff’s claims against Defendant Nicole Ferguson remain for further proceedings.
IT IS SO ORDERED, this 10th day of May, 2017.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge