Liddell, Jacob v. Haines, Tim et al

Filing 14

ORDER granting plaintiff's 13 Motion to Voluntarily Dismiss. The complaint is DISMISSED without prejudice pursuant to Fed. R. Civ. P. 4l(a). The clerk's office shall terminate all pending motions and close this case. Signed by District Judge William M. Conley on 9/18/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JACOB LIDDELL,
ORDER

Plaintiff,

13-cv-590-wmc

v.

TIM HAINES, et al.,
Defendants.

State inmate Jacob Liddell filed a proposed civil action pursuant to 42 U.S.C.
§ 1983, alleging violations of his constitutional rights.

He has been granted leave to

proceed in fonna pauperis and he has made an initial partial payment toward the full
amount of the filing fee in compliance with 28 U.S.C. § 1915(b). Now pending before
the court is a letter from Liddell, asking to "withdraw [his] lawsuit."
The court construes the letter as a request for voluntary dismissal pursuant to Fed.
R. Civ. P. 41(a)(1)(A), which allows dismissal upon the plaintiffs request before the

opposing party serves either an answer or a motion for summary judgment. Because no
responsive pleading has been requested or received in this case, the motion will be
granted and the case will be dismissed without prejudice. See Smith v. Potter, 513 F.3d
781, 782-83 (7th Cir. 2008) (observing that a plaintiff's motion for voluntary dismissal
filed before the opposing party serves either an answer or dispositive motion
automatically effects dismissal of the case); see also Nelson v. Napolitano, 657 F.3d 586,

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587-88 (7th Cir. 2011) (discussing the effect of a voluntary dismissal under Rule 4l(a))
(collecting cases).

ORDER
IT IS ORDERED that:
I. The motion for voluntary dismissal filed by plaintiff Jacob Liddell (Dkt.
# 13) is GRANTED.

2. The complaint is DISMISSED without prejudice pursuant to Fed. R. Civ.
P. 4l(a). The clerk's office shall terminate all pending motions and close
this case.
Entered this 18th day of September, 2013.

BY THE COURT:

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