Coil, Bobby v. Boisen et al

Filing 19

ORDER that defendants may have until May 13, 2014, in which to advise plaintiff Coil and the court whether they agree to Coil's request for dismissal of this action without prejudice. If defendants do not agree to such a dismissal, Coil may have until May 23, 2014 in which to either (1) withdraw his motion to dismiss or (2) advise the court that he has no objection to a dismissal of this case with prejudice. Signed by District Judge William M. Conley on 5/5/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

BOBBY COIL,
Plaintiff,

ORDER

v.
12-cv-069-wmc
CAPTAIN BOISEN et al.,
Defendants.

Plaintiff Bobby Coil proceeds pro se in this case on claims that Wisconsin Secure Program
Facility (“WSPF”) staff used excessive force against him and that he was kept in an observation cell
without adequate clothing or access to personal hygiene in violation of the Eighth Amendment.
Defendants filed their answer on December 10, 2013 and a pretrial conference was held before the
magistrate judge on January 24, 2014. Now, Coil has moved to dismiss his case without
prejudice so he can pursue it at another time.
When a motion for dismissal is filed after a defendant has filed an answer, Rule
41(a)(2) provides that the action may be dismissed by the plaintiff "only upon order of the
court and upon such terms and conditions as the court deems proper."

Because the

defendants have been required to defend this action, the court will grant Coil’s motion for
voluntary dismissal only on the condition that the defendants agree to a dismissal without
prejudice. If defendants do not agree to a dismissal without prejudice, Coil will have an
opportunity to withdraw his motion or agree to dismissal with prejudice.

ORDER
IT IS ORDERED that defendants may have until May 13, 2014, in which to advise
plaintiff Coil and the court whether they agree to Coil’s request for dismissal of this action
without prejudice. If defendants do not agree to such a dismissal, Coil may have until May
23, 2014 in which to either (1) withdraw his motion to dismiss or (2) advise the court that
he has no objection to a dismissal of this case with prejudice. If, by May 23, 2014, Coil
fails to request withdrawal of his motion to dismiss this case, then the clerk of court is
directed to enter judgment dismissing this case with prejudice.

Entered this 5th day of May, 2014.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge

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