Barsh v. Cross

Filing 16

ORDER DISMISSING CASE, granting 11 MOTION to Dismiss filed by Eddie Barsh, MEMORANDUM OF MAGISTRATE JUDGE re 11 MOTION to Dismiss filed by Eddie Barsh. Case is dismissed with prejudice. Signed by Chief Judge David R. Herndon on 7/16/2013. (kar)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS EDDIE BARSH, Plaintiff, v. JAMES CROSS, Defendant. No. 11-cv-475-DRH-SCW MEMORANDUM AND ORDER HERNDON, Chief Judge: Pro se petitioner Eddie Barsh filed this habeas corpus action pursuant to § 2241 based on the loss of his good time credits while incarcerated at FCIGreenville on June 6, 2011 (Doc. 1). Defendant Cross responded to the petition on April 13, 2012 (Doc. 8). Currently before the Court is petitioner’s motion for voluntary dismissal (Doc. 11) pursuant to Fed. R. Civ. P. 41(a)(1), which allows a plaintiff to dismiss an action without a court order either before the defendant has answered, or by joint stipulation of the parties. Although defendant has already responded, defendant has filed a response indicating that he had no objection to the motion to dismiss (Doc. 15). Therefore, the Court will construe the motion as one by joint stipulation of the parties, and DISMISS this action with prejudice. Digitally signed by David R. Herndon Date: 2013.07.16 16:50:11 -05'00' IT IS SO ORDERED. Signed this 16th day of July, 2013. Chief Judge United States District Court Page 1 of 1

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