Lynch v. United States of America et al

Filing 43

ORDER re 42 MOTION to Dismiss filed by Ritchie Lynch ;ORDERED that the deadline for the Defendants to file a response to the motion to dismiss isOctober 19,2009. Signed by Magistrate Judge Caroline Craven on October 5, 2009. (rml, )

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF TEXAS T E X A R K A N A DIVISION R IT C H IE LYNCH, #07451-010 VS. U N IT E D STATES OF AMERICA, ET AL. § § § C IV IL ACTION NUMBER 5:09cv29

ORDER C am e on for consideration, the Plaintiff's motion to dismiss the lawsuit without prejudice

. (d o ck et entry #42), which was filed in response to the Defendants' motions for summary judgment.
Since the Defendants have filed motions for summary judgment, the "action may be dismissed at the p lain tiff's request only by court order, on terms that the court considers proper." Fed. R. Civ. P. 4 1 (a)(2 ). The Plaintiff is not entitled to have the case automatically dismissed without prejudice at this ju n ctu re. The Court is of the opinion that the Defendants should provide a response to the Plaintiff's m o tio n . It is therefore O R D E R E D that the deadline for the Defendants to file a response to the motion to dismiss is O cto b er 19, 2009.

SIGNED this 5th day of October, 2009.

____________________________________ CAROLINE M. CRAVEN UNITED STATES MAGISTRATE JUDGE