Gooden v. Douglas County Department of Corrections

Filing 40

ORDER - 1. Plaintiffs Motion for Voluntary Dismissal 35 is granted. Plaintiffs Complaint and this action are dismissed without prejudice. 2. A separate judgment will be entered in accordance with thisMemorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(PCV, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA LAURENCE R. GOODEN, Plaintiff, v. JEFFREY L. NEWTON, Defendant. ) ) ) ) ) ) ) ) ) 8:07CV319

MEMORANDUM AND ORDER

This matter is before the court on Plaintiff's Motion for Voluntary Dismissal of Claim. (Filing No. 35.) The court construes the Motion as filed pursuant to Federal Rule of Civil Procedure 41. Defendant has not objected to the Motion, and the time in which to do so has passed. Plaintiff's Motion is therefore granted and this matter is dismissed without prejudice. IT IS THEREFORE ORDERED that: 1. Plaintiff's Motion for Voluntary Dismissal (filing no. 35) is granted. Plaintiff's Complaint and this action are dismissed without prejudice. 2. A separate judgment will be entered in accordance with this Memorandum and Order. March 23, 2009. BY THE COURT: s/ Joseph F. Bataillon Chief United States District Judge