Townsend, Reggie v. Pulver et al

Filing 51

ORDER that defendant Brian Schueler may have until April 7, 2014, in which to advise plaintiff and the court whether he agrees to plaintiff's request for dismissal of this action without prejudice. If defendant Schueler does not agree to such a dismissal, plaintiff may have until April 14, 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. Briefing on defendant's motion for summary judgment is STAYED pending resolution of plaintiff's motion to dismiss without prejudice. Signed by District Judge Barbara B. Crabb on 3/31/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REGGIE L. TOWNSEND,
ORDER
Plaintiff,
12-cv-896-bbc
v.
BRIAN SCHUELER,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This case is proceeding against remaining defendant Brian Schueler, who plaintiff
Reggie Townsend says placed him in the same cell with a white supremacist and then refused
to separate them for several weeks, in violation of the Eighth Amendment. (Plaintiff also
alleges that defendant acted negligently under state law.) Defendant Schueler moved for
summary judgment on February 25, 2014. Plaintiff has moved for dismissal of 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 defendant
Schueler has been required to defend this action, I will grant plaintiff's motion for voluntary
dismissal only on the condition that the dismissal is with prejudice, which means that
plaintiff will be barred from bringing the claim in his current case in any future action, unless

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defendant Schueler agrees to a dismissal without prejudice. If defendant Schueler does not
agree to a dismissal without prejudice, plaintiff will have an opportunity to withdraw his
motion.

ORDER
IT IS ORDERED that
1. Defendant Brian Schueler may have until April 7, 2014, in which to advise plaintiff
and the court whether he agrees to plaintiff’s request for dismissal of this action without
prejudice. If defendant Schueler does not agree to such a dismissal, plaintiff may have until
April 14, 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 April 14, 2014,
plaintiff fails to request withdrawal of his motion to dismiss this case, this case will be
dismissed with prejudice.
2.

Briefing on defendant’s motion for summary judgment is STAYED pending

resolution of plaintiff’s motion to dismiss without prejudice.
Entered this 31st day of March, 2014.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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