Blanc v. IDOC

Filing 124

ORDER finding as moot 63 Motion for Summary Judgment; finding as moot 115 Motion for Extension of Time to Complete Discovery; finding as moot 117 Motion to Strike ; granting 121 Motion to Dismiss. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

KATHLEEN ANN BLANC,
Case No. 4:09-CV-00121-BLW
Plaintiff,
ORDER
v.
POCATELLO WOMEN'S
CORRECTIONAL CENTER, FELICIA
FUNK, WARDEN BRIAN
UNDERWOOD, KORIN ASHBY,
and BETH CRONIN,
Defendants.

Pending before the Court is Plaintiff’s Motion to Dismiss. (Dkt. 121.) Plaintiff
asserts that, notwithstanding the fact that she was granted extensions of time and was
notified that the Court could issue subpoenas for her, she disagrees with the Court’s
earlier decisions not permitting her to proceed with some of her claims and “has further
concluded” that to continue her suit under the current circumstances is “pointless.” (Id.)
The Court will grant Plaintiff’s Motion to Dismiss and dismiss her case without
prejudice.1 As a result, all other pending motions will be deemed moot.
ORDER

1

While this case will be dismissed without prejudice, the Plaintiff is cautioned that any
new suit may be subject to a possible statute of limitations defense.
ORDER - 1

IT IS ORDERED:
1.

Plaintiff’s Motion to Dismiss (Dkt. 121) is GRANTED. This case is
DISMISSED without prejudice.

2.

Defendants’ Motion to Strike (Dkt. 117) is MOOT.

3.

Plaintiff’s Motion for Extension of Time to Complete Discovery (Dkt. 115)
is MOOT.

4.

Defendants’ Motion for Summary Judgment (Dkt. 63) is MOOT.

DATED: March 13, 2012

Honorable B. Lynn Winmill
Chief U. S. District Judge

ORDER - 2