Daniels v. Waupun Correctional Institution

Filing 6

ORDER DISMISSING CASE signed by Judge J. P. Stadtmueller on 12/15/2016 GRANTING 5 Plaintiff's MOTION to Dismiss. Action DISMISSED without prejudice. (cc: all counsel, via mail to Remo Daniels at Waupun Correctional Institution)(cb)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN REMO HARRISON DANIELS, Plaintiff, v. Case No. 16-CV-1632-JPS WAUPUN CORRECTIONAL INSTITUTION, ORDER Defendant. On December 14, 2016, the plaintiff filed a motion to dismiss this action voluntarily because he “made a mistake because of a misunderstanding.” (Docket #5). He seeks dismissal of the action without prejudice. Id. Dismissal is proper because no party has yet answered the complaint. Fed. R. Civ. P. 41(a)(1)(A)(i). The Court will, therefore, dismiss this action without prejudice. Id. Accordingly, IT IS ORDERED that the plaintiff’s motion for voluntary dismissal (Docket #5) be and the same is hereby GRANTED; and IT IS FURTHER ORDERED that this action be and the same is hereby DISMISSED without prejudice. Dated at Milwaukee, Wisconsin, this 15th day of December, 2016. BY THE COURT: J.P. Stadtmueller U.S. District Judge

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