Hughes v. Selig

Filing 18

ORDER granting 17 Motion to Dismiss Case. Further Plaintiff's cause of action is hereby DISMISSED WITHOUT PREJUDICE. Signed by Honorable P. K. Holmes, III on August 26, 2011. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
DAVID WAYNE HUGHES
v.

PLAINTIFF
Case No. 2:11-CV-02083

JOHN M. SELIG, Director of the Arkansas
Department of Health and Human Services

DEFENDANT

ORDER
Currently before the Court is Plaintiff’s Motion to Dismiss (Doc. 17). Plaintiff David Wayne
Hughes moves to dismiss this action without prejudice, stating that the issues raised in the cause of
action have become moot due to the fact that Mr. Hughes has been unconditionally released from
the Arkansas State Hospital and is no longer under the jurisdiction of the Department of Human
Services. Defendant’s counsel has advised the Court that Defendant has no objections to the Motion.
Upon due consideration, Plaintiff’s motion (Doc. 17) is GRANTED and Plaintiff’s cause of action
is hereby DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure
41(a)(2). The parties are to bear their own fees and costs.
All other motions which remain pending are TERMINATED AS MOOT.

IT IS SO ORDERED this 26th day of August 2011.

/s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE