Cole v. Duncan et al

Filing 7

ORDER DISMISSING CASE WITHOUT PREJUDICE, granting 6 MOTION to Dismiss filed by Dameon Cole. As specified in the severance order in this matter, Plaintiff shall not be assessed any filing fee for this action. Signed by Judge J. Phil Gilbert on 2/12/2015. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DAMEON COLE, #R-13404,
also known as Divine Desire Cole,
Plaintiff,
vs.
STEVEN B. DUNCAN,
MS. DAVIS and DR. RAY,
Defendants.

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Case No. 14-cv-1315-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
On November 25, 2014, this case was severed from Postlewaite, et al. v. Godinez, et al.,
No. 14-cv-1281-JPG, and Plaintiff was ordered to notify the Court no later than
December 30, 2014, if he wished to dismiss this action (Doc. 17, p. 16). He was warned that
failure to provide the Court with this notice would result in the imposition of a filing fee for the
action. Plaintiff filed a motion to voluntarily dismiss this case on December 29, 2014 (Doc. 6).
The motion is GRANTED and this action is DISMISSED WITHOUT PREJUDICE.
See FED. R. CIV. P. 41(a)(1)(A)(i). As specified in the severance order in this matter, Plaintiff
shall not be assessed any filing fee for this action.
IT IS SO ORDERED.
DATED: February 12, 2015
s/J. Phil Gilbert
U.S. District Judge