WAGNER v. BURNS et al

Filing 41

ENTRY - Plaintiff's voluntary motion to dismiss [dkt. no. 39 ] is DENIED. The plaintiff shall have through February 14, 2014, in which to either 1) file an unconditional motion to dismiss, or 2) state that he will proceed with this action. Signed by Judge Sarah Evans Barker on 1/21/2014. Copy Mailed. (JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
LONNIE WAGNER,
Plaintiff,
v.
ROBERT BURNS, et al.,
Defendants.

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Case No. 1:12-cv-01879-SEB-DML

Entry Discussing Motion to Dismiss
The plaintiff wishes to voluntarily dismiss this action without prejudice. He hopes to
retain counsel to assist him with this litigation after he is released from prison in six months.
Although the defendants do not oppose the motion, the Court notes that the plaintiff’s motion to
dismiss appears to have an implied condition which the Court cannot guarantee, i.e.¸ that the
plaintiff’s claims, if refiled, would not be barred by the two-year statute of limitations. For this
reason, the plaintiff’s voluntary motion to dismiss [dkt. no. 39] is denied.
The plaintiff shall have through February 14, 2014, in which to either 1) file an
unconditional motion to dismiss, or 2) state that he will proceed with this action.
IT IS SO ORDERED.

01/21/2014
Date: __________________

_______________________________
SARAH EVANS BARKER, JUDGE
United States District Court
Southern District of Indiana

Distribution:
Lonnie Wagner, 892519. New Castle Correctional Facility, Inmate Mail/Parcels, 1000 Van Nuys
Rd., New Castle, IN 47362
All electronically registered counsel