Sanders v. Bowen et al

Filing 38

ORDER signed by Judge Lynn Adelman on 6/24/16 that plaintiffs motion for dismissal of claim and dismissal of all defendants 37 is GRANTED. Further ordering that this action is DISMISSED WITHOUT PREJUDICE. The Clerk of Court shall enter judgment accordingly. (cc: all counsel, via USPS to plaintiff) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
FREDRICT SANDERS,
Plaintiff,
v.

Case No. 15-CV-284

NANCY BOWENS and
J. BARKER,
Defendants.

ORDER

Defendants Jamie Barker and Nancy Bowens filed their motion for summary
judgment on February 11, 2016.

On March 23, 2016, and May 4, 2016, I denied

plaintiff’s motions to appoint counsel, but each time I gave plaintiff additional time to file
his response to the motion for summary judgment. In the May 4, 2016, Order, I directed
plaintiff to file his response to defendants’ motion on or before Tuesday, May 31, 2016,
and I advised plaintiff that failure to file a time response would result in dismissal of this
action pursuant to Civil Local Rule 41(c).
Instead of filing a response to defendants’ motion, plaintiff filed a motion for
dismissal of his claims and dismissal of all defendants. He asks me to dismiss this case
without prejudice so that he may bring his claims again in the future with the assistance
of counsel. Defendants did not respond to the motion for voluntary dismissal without
prejudice. Therefore, I will grant plaintiff’s motion and dismiss this case without
prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2).

NOW, THEREFORE, IT IS HEREBY ORDERED that plaintiff’s motion for
dismissal of claim and dismissal of all defendants (Docket #37) is GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT
PREJUDICE. The Clerk of Court shall enter judgment accordingly.
Dated at Milwaukee, Wisconsin, this 24th day of June, 2016.

s/ Lynn Adelman
______________________________
LYNN ADELMAN
District Judge

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