Sanders v. Cowell et al

Filing 67

MEMORANDUM AND ORDER, The Court GRANTS the motion (Doc. 66 ) as to Cowell and DISMISSES the claims against Cowell without prejudice. Because the plaintiff has an absolute right to dismiss his claims against Birkner at the present time, the Court finds that those claims are DISMISSED without prejudice. The Court DIRECTS the Clerk of Court to close this case.Signed by Judge J. Phil Gilbert on 1/6/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JASON SANDERS,
Plaintiff,
v.

Case No. 13-cv-258-JPG-SCW

TODD W. COWELL and NATHAN BIRKNER,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the motion for voluntary dismissal without
prejudice (Doc. 66) filed by plaintiff Jason Sanders. The Court construes this as a motion for
voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(2) as to defendant Todd W.
Cowell and a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) as to
defendant Nathan Birkner.
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. The Court has reviewed the file and finds that dismissal of
the claims against Cowell is warranted. Accordingly, it GRANTS the motion (Doc. 66) as to
Cowell and DISMISSES the claims against Cowell without prejudice.
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. Birkner has not
served an answer or motion for summary judgment in this case. Because the plaintiff has an
absolute right to dismiss his claims against Birkner at the present time, the Court finds that those
claims are DISMISSED without prejudice.
In light of the foregoing, the Court DIRECTS the Clerk of Court to close this case.
IT IS SO ORDERED.
DATED: January 6, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE