White v. Lambert et al

Filing 198

ORDER ACKNOWLEDGING 174 Plaintiff's Motion to Voluntarily Dismiss Claims WITH PREJUDICE against Defendants Hunt and McCarthy, filed by Donnie D Whit. Defendants C/O Todd Hunt and Brad McCarthy are hereby terminated as Defendants in this case. Signed by Chief Judge David R. Herndon on 8/26/10. (seg)

White v. Lambert et al

Doc. 198

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

DONNIE D. WHITE, Plaintiff, v. GREGORY LAMBERT, et al., Defendants. Case No. 09-cv-293-DRH-CJP

ORDER HERNDON, Chief Judge:

Before the Court is Plaintiff's Motion for Voluntary Dismissal (Doc. 174, in which Plaintiff seeks to voluntarily dismiss with prejudice his claims against defendants Todd Hunt and Brad McCarthy. Although Plaintiff has not expressly indicated, such dismissal would be made pursuant to FEDERAL RULE
OF

CIVIL

PROCEDURE 41(a)(1), which allows a plaintiff to voluntarily dismiss claims without a court order if a notice of dismissal is filed "before the opposing party serves either an answer or a motion for summary judgment." FED. R. CIV. P. 41(a)(1)(i). Because neither defendant Hunt nor McCarthy have been served in this case, Rule 41(a)(1)(i) applies. Page 1 of 2

Dockets.Justia.com

As such, the Court hereby ACKNOWLEDGES Plaintiff's DISMISSAL WITH PREJUDICE of defendants C/O Todd Hunt and Brad McCarthy from this case. IT IS SO ORDERED. Signed this 26th day of August, 2010.

/s/

DavidRHer|do|

Chief Judge United States District Court

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