Whitten v. Northern NH Correctional Facility, Warden et al

Filing 23

ORDER dismissing claims against Dr. William Eppolito without prejudice. Signed by Magistrate Judge James R. Muirhead. (vln)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Donald Whitten v. Larry Blaisdell, Warden, Northern New Hampshire Correctional Facility et al.1 ORDER Pursuant to the motion of defendant Dr. William Eppolito and the testimony of plaintiff, Donald Whitten, in open court on February 17, 2010, requesting that Eppolito be dropped as a defendant, I hereby order that all claims against Eppolito be dismissed without prejudice from this action, and that Eppolito be dropped as a defendant, in accordance with Fed. R. Civ. P. 41(a). Whitten testified that he did not intend to sue Eppolito Civil No. 09-cv-450-SM

and that Eppolito's inclusion in the complaint was a mistake. The clerk shall note plaintiff's voluntary nonsuit of Eppolito and dismiss the claims pending against him, without prejudice.

In addition to Larry Blaisdell, Northern New Hampshire Correctional Facility Warden, the complaint lists the following defendants to this action: William Wrenn, New Hampshire Department of Corrections ("DOC") Commissioner; Robert MacLeod, DOC Medical Director; Dr. Celia Englander, physician; Dr. Eppolito, physician; and Judy Baker, Nurse Practitioner.

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SO ORDERED. ____________________________________ James R. Muirhead United States Magistrate Judge Date: March 15, 2010 cc: Donald Whitten, pro se Edward M. Kaplan, Esq. Nancy J. Smith, Esq.

JRM:nmd

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