Jordan v. Village of Maryville, Illinois et al

Filing 26

MEMORANDUM AND ORDER, The Court finds claims against Jared Missey are DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Missey is terminated as a defendant in this case. Signed by Judge J. Phil Gilbert on 3/23/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ARIANA R. JORDAN,
Plaintiff,
v.

Case No. 17-cv-434-JPG-DGW

JUSTIN D. KRAUSZ, JARED MISSEY,
ROBERT CARPENTER and THE VILLAGE
OF MARYVILLE,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Ariana R. Jordan’s motion to voluntarily
dismiss Count II, a claim that defendant Jared Missey violated the Fourth Amendment when he
caused Jordan’s arrest for violating an order of protection when he should have known she had
not violated it (Doc. 25). The Court construes this as a notice of dismissal of Count II pursuant
to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Rule 41(a)(1)(A)(i) allows a plaintiff to
dismiss an action without a court order at any time before the opposing party serves an answer or
a motion for summary judgment. Defendant Missey has not served an answer or motion for
summary judgment in this case. Because the plaintiff has an absolute right to dismiss her claims
against Missey at the present time, the Court finds that those claims are DISMISSED without
prejudice and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the
case. Missey is terminated as a defendant in this case.
IT IS SO ORDERED.
DATED: March 23, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE