Widmer v. Butler et al

Filing 63

MEMORANDUM AND ORDER, The Court finds that this action against Chandler is DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Defendant Chandler is terminated from this action. Signed by Judge J. Phil Gilbert on 7/24/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MICHAEL WIDMER,
Plaintiff,
v.

Case No. 14-cv-630-JPG-PMF

KIMBERLY BUTLER, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Motion to Dismiss Defendant (Doc. 62), which
the Court construes as a notice of dismissal of defendant Chandler pursuant to Federal Rule of
Civil Procedure 41(a)(1)(A)(i) filed by plaintiff Michael Widmer. Rule 41(a)(1)(A)(i) allows a
plaintiff to dismiss an action against a defendant without a court order at any time before the
opposing party serves an answer or a motion for summary judgment. Defendant Chandler has not
served an answer or motion for summary judgment in this case. Because the plaintiff has an
absolute right to dismiss this case at the present time, the Court finds that this action against
Chandler is DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment
accordingly at the close of the case. Defendant Chandler is terminated from this action.
IT IS SO ORDERED.
DATED: July 24, 2014

s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE