Merritte v. Kessell et al

Filing 137

MEMORANDUM AND ORDER, granting 105 MOTION to Dismiss Merritte's claims in this case against Breeden without prejudice. The Court directs the Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 8/25/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CALVIN MERRITTE,
Plaintiff,
v.

Case No. 12-cv-263-JPG-PMF

C/O KESSELL, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Calvin Merritte’s motion to voluntarily
dismiss his claims against defendant Tim Breeden (Doc. 105) pursuant to Federal Rule of Civil
Procedure 41(a)(2). Rule 41(a)(2) provides that only the Court may dismiss an action after an
adverse party has filed an answer or motion for summary judgment and in the absence of a
stipulation of dismissal of an entire case signed by all the parties. No party has objected to the
dismissal of Breeden from this case. Accordingly, the Court GRANTS the motion (Doc. 105),
DISMISSES Merritte’s claims in this case against Breeden without prejudice, and DIRECTS
the Clerk of Court to enter judgment accordingly at the close of the case.
IT IS SO ORDERED.
DATED: August 25, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE