Franklin v. Henerson, Weinstein, Wyatt & Associates, Inc. et al

Filing 7

MEMORANDUM AND ORDER DISMISSING CASE without prejudice. Clerk of Court to close case. Signed by Judge J. Phil Gilbert on 3/2/12. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EDWARD FRANKLIN,
Plaintiff,
v.

Case No. 11-cv-916-JPG

HENDERSON, WEINSTEIN, WYATT &
ASSOCIATES, INC. and DOES 1-10,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the notice of voluntary dismissal (Doc. 6)
pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) filed by plaintiff Edward Franklin.
Rule 41(a)(1)(A)(i) allows a plaintiff to dismiss an action without a court order at any time
before the opposing party serves an answer or a motion for summary judgment. The defendants
have not served an answer or motion for summary judgment in this case. Because the plaintiff
has an absolute right to dismiss this case at the present time, the Court finds that this action is
DISMISSED without prejudice and DIRECTS the Clerk of Court to close this case.
IT IS SO ORDERED.
DATED: March 2, 2012
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE