Shatner v. Atchison et al

Filing 84

MEMORANDUM AND ORDER, The Court GRANTS the motion (Doc. 79 ); DISMISSES without prejudice all claims in this case against defendant Veach; and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 10/27/2015. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DARRIN W. SHATNER,
Plaintiff,
v.

Case No. 13-cv-704-JPG-PMF

MIKE ATCHISON, HARRINGTON, S. NWAOBASI
and TIMOTHY VEATH
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Darrin W. Shatner’s motion to withdraw
his claims against defendant Timothy Veach (Doc. 79). The Court construes the filing as a
motion to dismiss 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. The Court has received no objection to the motion. Accordingly, the Court:


GRANTS the motion (Doc. 79);



DISMISSES without prejudice all claims in this case against defendant Veach; and



DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.

IT IS SO ORDERED.
DATED: October 27, 2015
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE