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)

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
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