Johnson v. Lappin et al

Filing 41

ORDER DISMISSING CASE, GRANTING 39 MOTION to Voluntarily Dismiss filed by Nathaniel Johnson. Signed by Chief Judge David R. Herndon on 9/17/2009. (djm)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS NATHANIEL JOHNSON, Plaintiff, v. MR. PICKETT and C. LOPEZ, Defendants. ORDER HERNDON, Chief Judge: Before the Court is Plaintiff's Motion for Voluntary Dismissal. (Doc. 39). Plaintiff's Motion seeks a dismissal, without prejudice, of his Complaint. The No. 07-cv-269-DRH

Government states in its Response that it has no objections to a voluntary dismissal, without prejudice, in this case. (Doc. 40). Rule 41(a)(2) provides, in relevant part, that "[e]xcept as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff's request only by court order, on terms the court considers proper." FED. R. CIV. P. 41(a)(2). Rule 41(a)(1) is inapplicable to the instant Motion to Dismiss. See FED. R. CIV. P. 41(a)(1). Thus, there being no objections, the Court GRANTS Plaintiff's Motion and DISMISSES the case, WITHOUT PREJUDICE. IT IS SO ORDERED. Signed this 17th day of September, 2009. /s/ DavidRHer|do| Chief Judge United States District Court

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