Turner v. Wisconsin Department of Corrections et al

Filing 10

ORDER accepting 9 Motion to Voluntarily Dismiss without prejudice. Signed by Chief Judge Barbara B Crabb on 1/27/2009. (llj),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------A N T H O N Y H. TURNER, ORDER Petitioner, 08-cv-681-bbc v. W IS C O N S IN DEPARTMENT OF CORRECTIONS; C O L U M B IA CORRECTIONAL OFFICIALS; W a rden GREGORY GRAM; S ecu rity Director JANEL NICKEL; and C H R I S T IN E M. WODILL, R espo nd ents. --------------------------------------------Petition er Anthony H. Turner has notified the court that he would like to dismiss this actio n voluntarily. Because respondents have not yet filed an answer, petitioner does not need to obtain leave of court before dismissal. Fed. R. Civ. P. 41(a)(1)(A); see also Szabo Food Service, Inc. v. Canteen Corp., 823 F.2d 1073, 1078 (7th Cir. 1987) (Rule 41(a) "dism issal terminates the case all by itself"). Therefore, petitioner is free to dismiss his case vo lun tarily, without prejudice to his refiling the complaint at a later date. Petitioner asks how much time he has to re-file his case before it "expires." The statute of limitations varies for each type of claim. In order to find out the proper statute

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of limitations, he will have to research the issue at his institution's law library.

OR DER Petitioner's notice of voluntary dismissal of this action is ACCEPTED and this case is DISMISSED without prejudice to petitioner's filing a new lawsuit against respondents at a future time. The clerk of court is directed to close the case. E n tered this 27t h day of January, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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