Harbison v. McElroy

Filing 17

MEMORANDUM AND ORDER DISMISSING CASE with prejudice. Signed by Judge J. Phil Gilbert on 4/2/2015. (jdh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS DAVID HARBISON, Plaintiff, v. JERRY MCELROY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) No. 14-cv-194 JPG/PMF MEMORANDUM AND ORDER This matter comes before the Court on the stipulation (Doc. 16), which the Court construes as a motion to dismiss. 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 defendant having no objections, the Court hereby GRANTS the motion to dismiss with prejudice and DIRECTS the Clerk of Court to close this case. DATED: April 2, 2015 s/ J. Phil Gilbert UNITED STATES DISTRICT JUDGE

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