Chesser v. Rivas et al
Filing
52
MEMORANDUM AND ORDER, Granting 50 MOTION Dismiss Counts 7-12 Without Prejudice filed by Zachary Chesser. The Court directs the Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 12/20/2013. (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 motion to dismiss
Counts 7-12 without prejudice (Doc. 50). The Court construes this motion as pursuant to Federal
Rule of Civil Procedure 41(a)(2) filed by the plaintiff. 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. 50), DISMISSES without
prejudice Counts 7-12 and DIRECTS the Clerk of Court to enter judgment accordingly at the
close of the case. Defendants McCleary and Winn are terminated as defendants in this case. The
only claims remaining in this case are Counts 1-6, 13-18 and 21.
IT IS SO ORDERED.
DATED: December 20, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE
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