Chesser v. Rivas et al

Filing 194

MEMORANDUM AND ORDER, The Court GRANTS the motion (Doc. 185 ), DISMISSES without prejudice Counts 16, 24 and 25 and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. The only claims remaining in this case are Counts 1, 2, 5, 6, 13, 14, 21 and 23. Signed by Judge J. Phil Gilbert on 9/8/2015. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ZACHARY CHESSER,
Plaintiff,
v.

Case No. 13-cv-456-JPG-PMF

HENRY RIVAS, JEFFREY WALTON, WENDY ROAL,
STEVEN CARDONA, PAUL KELLY, MILTON
NEUMANN, ROBERT ROLOFF, McCLEARY, WINN,
LESLIE SMITH, APRIL CRUITT, T. CAPALDO,
STEPHEN COLT and J. SIMMONS,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Zachary Chesser’s motions to dismiss
Counts 16, 24 and 25 without prejudice (Doc. 185). The Court presumes Chesser refers to these
counts as they were renumbered in Magistrate Judge Frazier’s August 4, 2014, order reviewing
Chesser’s Amended Complaint (Doc. 70). The Court construes this motion as pursuant to Federal
Rule of Civil Procedure 41(a)(2) filed by the plaintiff. The defendants have not responded to the
motion.
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 has determined that
dismissal of these claims without prejudice is appropriate. Accordingly, the Court GRANTS the
motion (Doc. 185), DISMISSES without prejudice Counts 16, 24 and 25 and DIRECTS the
Clerk of Court to enter judgment accordingly at the close of the case. The only claims remaining
in this case are Counts 1, 2, 5, 6, 13, 14, 21 and 23.
IT IS SO ORDERED.
DATED: September 8, 2015
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE