Futch v. Chatham County Detention Center et al

Filing 17

ORDER granting 15 Stipulation of Dismissal, dismissing as moot 5 Motion to Dismiss. Signed by Judge William T. Moore, Jr. on 10/25/2010. (lmm)

-GRS Futch v. Chatham County Detention Center et al

Doc. 17

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION WILLIE J. FUTCH, Plaintiff,

"PTLEO U's. DISTR I CT COURT V.

20100CT25 PM 2: CLERK

V.
CHATHAM COUNTY DETENTION CENTER; DEPARTMENT OF CORRECTIONS OF THE STATE OF GEORGIA, d/b/a CHATHAM COUNTY DETENTION CENTER; STATE OF GEORGIA; PRISON HEALTH SERVICES; and CHATHAM COUNTY, GEORGIA, Defendants.

CASE NO. CV410-192

ORDER Before the Court is the Plaintiff's Stipulation of Dismissal of Defendants The State of Georgia and The Department of Corrections of the State of Georgia. (Doc. 15.) Pursuant to Federal Rule of Civil Procedure 41(a) (1) (A) (ii), a plaintiff may dismiss an action by filing W a stipulation of dismissal signed by all parties who have appeared." Only Defendant Chatham

County Detention Center has not made any appearance in this case.' Plaintiff's stipulation includes consent by all other

parties to this case.

1 Defendant Chatham County's Answer to Complaint (Doc. 1, Attach.
5 at 1) states as its third defense that, "The Chatham County Detention Center is not an entity capable of being sued."

Dockets.Justia.com

Therefore, the motion is GRANTED.

The actions against

Defendant State of Georgia and Defendant Department of Corrections of the State of Georgia are DISMISSED, and each party shall bear his or its own costs. The joint motion to

dismiss filed by these Defendants (Doc. 5) is DISMISSED AS MOOT. SO ORDERED this

2day
it

of October 2010.

WILLIAM T. MOORE, JR. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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