Hagan v. Harris et al

Filing 108

MEMORANDUM ORDER granting 105 MOTION to Withdraw defendant James Harrington from this case filed by Damont Hagan. Signed by Magistrate Judge Martin C. Carlson on May 29, 2015. (kjn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DAMONT HAGAN,
Plaintiff
v.
QUENTIN DOLPHIN, et al.,
Defendants

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Civil No. 1:13-CV-2731
(Magistrate Judge Carlson)

MEMORANDUM ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
The plaintiff in this action, Damont Hagan, is an inmate in the custody of the
Pennsylvania Department of Corrections, (DOC) currently housed at the State
Correctional Institution at Huntingdon. Hagan is also a frequent litigant in federal
court. In this case, Hagan has sued five individuals, all of whom are contracted with
or employed by the DOC, alleging that the defendants engaged in a conspiracy to
modify his health diagnosis and discontinue his prescription medications in order to
keep him hidden from certain Department of Justice officials who were intending to
tour the facility and interview inmates as part of an investigation. Hagan also alleges
that the defendants took these actions to retaliate against him for filing grievances and
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other litigation against prison staff. Additionally, Hagan alleges that the defendants
prolonged his detention in segregated housing, and exhibited deliberate indifference
to his serious medical needs, in violation of the Eighth Amendment.
Hagan has now filed a motion, styled as a Motion to Withdraw, which seeks
to voluntarily dismiss defendant James Harrington from this case. (Doc. 105.) In a
case such as this when a defendant has filed an answer to a complaint, Rule 41(a)(2)
of the Federal Rules of Civil Procedure governs voluntary dismissal of an action by
the plaintiff and provides as follows:
(a) Voluntary Dismissal.
(2) By Court Order; Effect. Except as provided in Rule 41(a)(1), an
action may be dismissed at the plaintiff's request only by court order, on
terms that the court considers proper. If a defendant has pleaded a
counterclaim before being served with the plaintiff's motion to dismiss,
the action may be dismissed over the defendant's objection only if the
counterclaim can remain pending for independent adjudication. Unless
the order states otherwise, a dismissal under this paragraph (2) is
without prejudice.
F.R.Civ.P., Rule 41(a)(2).
In this case, Hagan has specifically requested the dismissal of defendant
Harrington from this case. Accordingly, since Hagan seeks dismissal of this
defendant, and the defendant presumably does not oppose this request, this motion
to dismiss is GRANTED pursuant to Rule 41(a)(2).

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So ordered this 29th day of May 2015.

S/Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge

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