Kemp v. Correct Care Solution, Inc. et al

Filing 26

ORDER granting 25 Joint MOTION to Dismiss Party filed by Gwendolyn E. Hart. The claims against Separate Defendant Gwendolyn Hart are hereby DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on February 14, 2018. (mjm)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION LAMAR KEMP, #085183 v. PLAINTIFF Civil No. 6:17-cv-06084 CORRECT CARE SOLUTIONS, INC., et al. DEFENDANTS ORDER Before the Court is a Joint Motion for Dismissal without Prejudice filed by Plaintiff and Separate Defendant Gwendolyn Hart. (ECF No. 25). The Court finds this matter ripe for consideration. Plaintiff filed his Complaint on August 25, 2017. (ECF No. 1). Plaintiff named Wendy Kelley; Rory Griffen; Correct Care Solutions, Inc.; Dr. Nannette Vowell; Andrea Beasley; and Nurse Gwendolyn E. Hart as defendants. Plaintiff alleges that his rights were violated and asserts claims under 42 U.S.C. § 1983 and the Americans with Disabilities Act, 42 U.S.C. § 12132. Counsel for Separate Defendant Hart took Plaintiff’s deposition on January 25, 2018. Plaintiff and Separate Defendant Hart now agree that Separate Defendant Hart should be dismissed from this action without prejudice. The Federal Rules of Civil Procedure provide an avenue for parties to voluntarily dismiss claims without prejudice. See Fed. R. Civ. P. 41. Upon consideration, the Court finds that the instant Joint Motion for Dismissal without Prejudice (ECF No. 25) should be and hereby is GRANTED. The claims against Separate Defendant Gwendolyn Hart are hereby DISMISSED WITHOUT PREJUDICE pursuant to Rule 41 (a)(2). IT IS SO ORDERED, this 14th day of February 2018. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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