Gborplay v. Barnhill et al

Filing 58

MEMORANDUM AND ORDER, granting 54 MOTION to Dismiss County Defendants. Signed by Judge J. Phil Gilbert on 4/23/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
OWEN M. GBORPLAY,
Plaintiff,
v.

Case No. 3:17-cv-00155-JPG-SCW

SGT. BARNHILL, et al.,
Defendants.
MEMORANDUM & ORDER
J. PHIL GILBERT, DISTRICT JUDGE
This matter comes before the Court on the plaintiff’s and defendant Acuff’s, Barnhill’s,
Fairless’s, and C/O Jackson’s joint motion to dismiss pursuant to Federal Rule of Civil
Procedure 41(a)(2). (Doc. 54.) Rule 41(a)(2) allows an action to be dismissed at a plaintiff’s
request only by court order. This manner of dismissal is at the sound discretion of the trial court.
Wojtas v. Capital Guardian Tr. Co., 477 F.3d 924, 927 (7th Cir. 2007).
Here, for good cause shown, the Court GRANTS the joint motion to dismiss. (Doc. 54.)
The Court DIRECTS the Clerk of Court to terminate defendants Acuff, Barnhill, Fairless, and
C/O Jackson. Defendant Paulius is the only remaining defendant at this time.
IT IS SO ORDERED.
DATED: APRIL 23, 2018

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