Arterberry v. Driskell et al

Filing 62

MEMORANDUM OPINION AND ORDER. The parties' Agreed Motion to Dismiss with Prejudice 61 is GRANTED. This entire action, and all of the claims asserted therein, are DISMISSED WITH PREJUDICE. Each party shall bear its own costs. Signed by Magistrate Judge Zack Hawthorn on 11/25/19. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
KIRK ARTERBERRY

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VS.

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MANAGEMENT AND TRAINING
CORPORATION (“MTC”) AND DAVID
DRISKELL

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CIVIL ACTION NO. 9:16-CV-99

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MEMORANDUM OPINION AND ORDER
Plaintiff, Kirk Arterberry, an inmate represented by counsel, Reginald McKamie, filed the
above-referenced civil rights action pursuant to 42 U.S.C § 1983 against defendants Management
and Training Corporation (“MTC”) and Warden David Driskell.
The parties have submitted an Agreed Motion to Dismiss With Prejudice (docket entry no.
61). The parties state all matters in controversy with defendants have been resolved.
Federal Rule of Civil Procedure 41(a)(1) provides that a plaintiff may voluntarily dismiss an
action without a court order in one of two ways. A plaintiff may dismiss an action under Rule
41(a)(1)(A)(i) by filing “a notice of dismissal before the opposing party serves either an answer or
a motion for summary judgment.” FED. R. CIV. P. 41(a)(1)(A)(i). A plaintiff may alternatively
dismiss an action under Rule 41(a)(1)(A)(ii) by filing “a stipulation of dismissal signed by all parties
who have appeared.” Id. As such, formal court action is not necessary in this case. However, the
Court finds that in the interest of efficiency, justice, and maintaining clarity of the record, an entry
of order of dismissal as requested by the parties is appropriate. Based on the foregoing, it is,
ORDERED that the parties’ Agreed Motion to Dismiss with Prejudice (docket entry no. 61)
is GRANTED. This entire action, and all of the claims asserted therein, are DISMISSED WITH

PREJUDICE. Each party shall bear its own costs.

SIGNED this 25th day of November, 2019.

_________________________
Zack Hawthorn
United States Magistrate Judge

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