Rockett et al v. Renth et al

Filing 18

OORDER granting 14 Motion to Dismiss Counts IX and X of plaintiff's complaint. Further, the Court DIRECTS defendants to file an answer, or other responsive pleading no later than February 11, 2015. Signed by Judge David R. Herndon on 2/4/15. (lmp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

CECILLE ROCKETT and
TERRANCE SMITH,
Plaintiffs,
v.
MICHAEL RENTH, CHRISTOPHER
BURNS, and CITY OF MADISON
Defendants.

No. 14-cv-687-DRH
ORDER

HERNDON, Chief Judge:
Pending before the Court is plaintiffs’ motion for leave to dismiss Counts IX
and X of the complaint (Doc. 14).

Specifically, plaintiffs move the Court to

dismiss Count IX, in which plaintiff Terrance Smith, alleged maliciously
prosecution, and Count X, in which Smith alleged that defendant Michael Renth
falsely arrested him. Plaintiffs seek dismissal of the counts in light of Smith’s
November 6, 2014 guilty plea in state court to an amended charge associated with
his original arrest, which the underlying action arises from. Voluntary withdrawal
of claims is a plaintiff’s right, and, accordingly, the Court GRANTS the motion
pursuant to FEDERAL RULE

OF

CIVIL PROCEDURE 41(a)(1)(A)(i). Accordingly, Count

IX and Count X are DISMISSED without prejudice. Further, the Court DIRECTS
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defendants to file their answer, or other responsive pleading no later than
February 11, 2015.
IT IS SO ORDERED.
Signed this 4th day of February, 2015.

Digitally signed
by David R.
Herndon
Date: 2015.02.04
14:15:05 -06'00'

United States District Judge

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