Hill v. Samples et al

Filing 31

MEMORANDUM AND OPINION, Granting 29 MOTION to Dismiss filed by Richie A. Hill. Court finds claims dismissed without prejudice and Directs the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 3/2/09. (bkl)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS RICHIE A. HILL, Plaintiff, v. LT. SAMPLES, LT. HUGHES, LT. LOCKRIDGE, D. BRYMER, DR. HERMAN O. LYEL, SO FOZZARD, RANDY J. DAVIS, and BUREAU OF PRISONS, Defendants. Case No. 06-cv-751-JPG

MEMORANDUM AND ORDER
This matter comes before the Court on the Motion to Voluntarily Dismiss Case (Doc. 29) filed by Plaintiff Richie A. Hill. Hill's claims against Defendants D. Brymer, Dr. Herman O. Lyel, So Fozzard, Randy J. Davis and the Bureau of Prisons were dismissed by the Court on threshold review. Hill informs the Court he wishes to dismiss all claims against the remaining defendants without prejudice. Rule 41(a)(1)(A)(i) allows dismissal of an action by a plaintiff without a court order at any time before service by an adverse party of an answer or of a motion for summary judgment, whichever first occurs. The remaining defendants have not filed an answer or motion for summary judgment in this case. Because the plaintiff has an absolute right to dismiss all claims against the remaining defendants at the present time, the Court finds that those claims are DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly. IT IS SO ORDERED. DATED: March 2, 2009

s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE