Pyles v. Gaetz et al

Filing 150

ORDER. For the reasons explained herein, Plaintiff's motion to voluntarily dismiss (Doc. 125 ) is GRANTED, and Defendants Kowalkowski and Hillerman are dismissed without prejudice. Kowalkowski's motion to continue the deadline for responsive pleading (Doc. 145 ) is MOOT. See attached for details. Signed by Chief Judge Michael J. Reagan on 10/20/2014. (jls)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHRISTOPHER PYLES,
Plaintiff,
vs.
DONALD GAETZ,
DAVID REDNOUR,
WILLIAM SPILLER,
MICHAEL ATCHISON,
RICK HARRINGTON,
KIM BUTLER,
GLADYSE C. TAYLOR,
MICHAEL P. RANDLE,
SALVORDORE GODINEZ,
TY BATES,
BRAD THOMAS,
REBECCE CREASON,
JAMES R. BROWN,
JOSEPH COWAN,
CHAD E. HASEMEYER,
JACQUELINE A. LASHBROOK,
DOUG LYERLA,
RICHARD D. MOORE,
PAUL OLSON,
BRIAN THOMAS,
DR. BAIG,
MISS GREATHOUSE,
MISS WHITESIDE,
DR. HILLERMAN,
MISS DELONG,
DR. KOWALKOWSKI, and
WILLIAM REES
Defendants.

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Case No. 13–cv–299–MJR–SCW

MEMORANDUM & ORDER
REAGAN, Chief Judge:
This § 1983 civil rights lawsuit comprises various claims based on Menard
Correctional Center’s policy of allegedly unconstitutional lockdowns. (Doc. 1). Pro

se Plaintiff Christopher Pyles has moved to voluntarily dismiss Defendants

Hillerman (who filed an Answer on May 1, 2014) and Kowalkowski (who has yet to
answer).
Rule 41(a)(1) of the Federal Rules of Civil Procedure allow a plaintiff to
dismiss an action without court order either before a defendant answers or by joint
stipulation of the parties.

Rule 41(a)(2) allows voluntary dismissal where a

defendant has answered, but only on terms that the court considers proper.
Here, since Kowalkowski has not answered, Plaintiff’s motion (really a
notice) terminates the case against Kowalkowski “all by itself” without judicial
approval. Jenkins v. Vill. of Maywood, 506 F.3d 622, 624–25 (7th Cir. 2007). In a
filing at Doc. 132, Hillerman indicates no objection to Plaintiff’s motion, so the
Court (finding dismissal without prejudice is proper) GRANTS (Doc. 125) Plaintiff’s
Motion to Dismiss.
Defendants Kowalkowski and Hillerman are dismissed without prejudice,
and Kowalkowski’s motion to continue the deadline for responsive pleading (Doc.
145) is MOOT.

IT IS SO ORDERED.
DATE: October 20, 2014

s/ Michael J. Reagan
MICHAEL J. REAGAN
Chief Judge
UNITED STATES DISTRICT COURT