Retz v. Turnball et al

Filing 26

ORDER - IT IS ORDERED: The Plaintiff's Voluntary Dismissal Without Prejudice Against DefendantsTurnball and Garcia Only (Filing No. 25) is granted. The Plaintiff's claims against Defendants Officer Adam Turnball andSergeant Steven Garcia, are dismissed, without prejudice. The Clerk is instructed to remove Officer Adam Turnball and Sergeant Steven Garcia from the case caption. Ordered by Chief Judge Laurie Smith Camp. (TCL )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA DANIEL RETZ, Plaintiff, v. OFFICER ADAM TURNBALL, in his individual and official capacity, DETECTIVE WILLIAM SEATON, in his individual and official capacity, SERGEANT STEVEN GARCIA, in his individual and official capacity, and THE CITY OF OMAHA, NEBRASKA, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 8:11CV169 ORDER This matter is before the Court on the Plaintiff’s unopposed Voluntary Dismissal Without Prejudice Against Defendants Turnball and Garcia Only (Filing No. 25). Under Federal Rule of Civil Procedure 41(a)(2) the Court finds that the Voluntary Dismissal should be granted and the action should be dismissed as against Officer Adam Turnball and Sergeant Steven Garcia, without prejudice. Accordingly, IT IS ORDERED: 1. The Plaintiff’s Voluntary Dismissal Without Prejudice Against Defendants Turnball and Garcia Only (Filing No. 25) is granted; and 2. The Plaintiff’s claims against Defendants Officer Adam Turnball and Sergeant Steven Garcia, are dismissed, without prejudice; and 3. The Clerk is instructed to remove Officer Adam Turnball and Sergeant Steven Garcia from the case caption. DATED this 1st day of June, 2012. BY THE COURT: s/Laurie Smith Camp Chief United States District Judge

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