Fitzpatrick v. Madison Area Technical College et al

Filing 25

ORDER granting 24 Plaintiff's Motion to Voluntarily Dismiss ; denying as moot 9 Defendant's Motion for Summary Judgment. Signed by Chief Judge Barbara B. Crabb on 10/22/2009. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------M A U R IC E FITZPATRICK, ORDER Plaintiff, 0 8 - cv -7 1 0 - b b c v. K E IT H CORNILLE, D efendan t. --------------------------------------------Plain tiff Maurice Fitzpatrick is proceeding on his claim that defendant Keith Cornille retaliated against him for exercising his First Amendment right of free speech by complaining ab ou t the Madison Area Technical College's failure to grant him access to his student reco rd s. On August 31, 2009, defendant filed a motion for summary judgment. Dkt. #9. P lain tiff has twice sought to extend the time in which to file a response. Dkts. #18 & #21. H e was granted one extension, dkt. #19, but was denied a second. Dkt. #23. Plaintiff's respo nse was due October 19, 2009. Instead of filing a response, plaintiff has filed a motion to voluntarily dismiss this case w i th prejudice. Dkt. #24. In his motion plaintiff states that he understands that dismissing th is case with prejudice means that he will be barred from bringing the First Amendment

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retaliation claim in his current case in any future case. Dismissal with prejudice is proper in this case because the litigation has reached the summary judgment stage. It would be un fair to defendant to allow dismissal of this case without prejudice at this late stage. Acco rdingly, under Fed. R. Civ. P. 41(a)(2) this case will be dismissed with prejudice.

OR DER IT IS ORDERED that: 1. Plaintiff Maurice Fitzpatrick's motion to voluntarily dismiss his case with

prejudice is GRANTED; 2 . Defendant Keith Cornille's motion for summary judgment, dkt. #9, is DENIED as moot; 3. The clerk of court is directed to enter judgment DISMISSING this case with prejudice. E n tered this 22 n d day of October, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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