Hall v. Illinois Department of Corrections et al

Filing 65

ORDER, GRANTING 60 MOTION to Dismiss filed by Michael Hall; Lisa Shemonic terminated. Signed by Judge Michael J. Reagan on 11/16/2011. (mmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MICHAEL HALL,
Plaintiff,
vs.
SUPERVISOR BENDOFF,
LISA SHEMONIC, and
MR. CLARK,
Defendants.

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Case No. 10-cv-00214-MJR

ORDER
REAGAN, District Judge:
Before the Court is Plaintiff Michael Hall’s motion to “terminate” Lisa Shemonic
as a defendant in this action (Doc. 60). Hall explains that he was misinformed that Shemonic
was the supervisor of the mailroom at Menard Correctional Center.
A review of the record reveals that Shemonic has appeared, answered the
complaint, and filed a motion for summary judgment. Therefore, Plaintiff cannot voluntarily
dismiss Shemonic without the Court’s approval. See Fed.R.Civ.P. 41(a)(1). In accordance with
Federal Rule of Civil Procedure 41(a)(2), and in consideration of Plaintiff’s admission that
Shemonic was mistakenly named as a defendant, dismissal with prejudice is appropriate.
IT IS THEREFORE ORDERED that, for the reasons stated, Plaintiff Hall’s
motion to voluntarily dismiss Defendant Lisa Shemonic (Doc. 60) is GRANTED pursuant to
Federal Rule of Civil Procedure 41(a)(2); Shemonic is dismissed with prejudice. Final judgment
against plaintiff and in favor of Shemonic will be entered after all claims against all defendants

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are resolved.
DATED: November 16, 2011
s/ Michael J. Reagan
MICHAEL J. REAGAN
UNITED STATES DISTRICT JUDGE

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