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)

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