Chevallier v. Hand et al
ORDER denying 18 Plaintiff's Motion to Dismiss separate Party Billy Floyd and granting 20 Second Motion to Dismiss Party Billy Floyd and he is terminated with prejudice from this case. Signed by Honorable P. K. Holmes, III on August 2, 2012. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EDWARD PAUL CHEVALLIER
Case No. 3:11-CV-03050
CARROLL COUNTY DEPUTY
SHERIFFS JOEL HAND and
BILLY FLOYD, in their individual capacities
Currently before the Court are Plaintiff’s First and Second Motions to Dismiss Separate
Defendant Billy Floyd (Docs. 18 and 20). Plaintiff’s First Motion to Dismiss (Doc. 18) is DENIED,
as it was not accompanied by a brief in support, and therefore failed to meet the requirements of
Local Rule 7.2 of the United States District Court for the Western District of Arkansas. Plaintiff’s
Second Motion to Dismiss (Doc. 20) was properly filed and requests voluntarily dismissal of
Defendant Billy Floyd from this action pursuant to Fed. R. Civ. P. 41(a)(2). Defendant Floyd has
not pled a counterclaim in this lawsuit nor filed any objection to either of Plaintiff’s Motions to
Dismiss. Therefore, the Court finds that Plaintiff’s Second Motion to Dismiss (Doc. 20) should be
and hereby is GRANTED, and all claims against Defendant Billy Floyd are DISMISSED WITH
PREJUDICE. The Clerk of Court is directed to terminate Billy Floyd as a party to this action.
IT IS SO ORDERED this 2nd day of August, 2012.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U. S. DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?