Pinkerton v. Valdez et al

Filing 11

ORDER DISMISSING CASE, granting 7 MOTION to Dismiss filed by Richard Pinkerton. Signed by Judge J. Phil Gilbert on 12/19/2013. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RICHARD PINKERTON,
No. R71377,
Plaintiff,
vs.
RANDY VALDEZ,
C/O PHEMISTER,
HAROLD SCHULER,
ZACHARY S. ROECKERMAN,
CANDICE CHILDERS,
C/O ATCHISON,
C/O FANCHER,
KEVIN ROUSEY, and
LT. PARISH,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 13-cv-01194-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
On November 19, 2013, Plaintiff Richard Pinkerton, an inmate in Menard Correctional
Center, filed this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983.
While the preliminary review of the complaint was being conducted pursuant to
28 U.S.C. § 1915A, Plaintiff filed a “motion” to voluntarily dismiss the action, pursuant to
Federal Rule of Civil Procedure 41(a)(1)(A)(i), with prejudice (Doc. 7).
Pursuant to Rule 41(a)(1)(A)(i), no motion is necessary. Rather, upon filing “notice” of
voluntary dismissal, the case is terminated automatically, without Court order. In any event,
Pursuant to Rule 41(a)(1)(B), dismissal is with prejudice as requested by Plaintiff .

Page 1 of 2

The Clerk of Court is DIRECTED to close this case and enter judgment accordingly.
IT IS SO ORDERED.
DATED: December 19, 2013
s/ J. Phil Gilbert
United States District Judge

Page 2 of 2