Godwin, Roger v. RN Kathy et al
IT IS ORDERED that Roger Dale Godwin's motion for voluntary dismissal (dkt.# 18 ) is GRANTED and this case is DISMISSED without prejudice. Signed by District Judge William M. Conley on 7/22/2014. (elc),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ROGER DALE GODWIN,
RN KATHY, RN BONNIE,
RN HELEN and DR. A. FATOIG,
Plaintiff Roger Dale Godwin is an inmate in custody at the Sauk County Jail. He
was granted leave to proceed in forma pauperis with his claim that he has been denied
adequate medical care for a seizure disorder in violation of the Eighth Amendment. After
refusing to appear at the pretrial scheduling conference last week, the court issued an
order directing Godwin to show cause why this case should not be dismissed for want of
prosecution pursuant to Fed. R. Civ. P. 4l(b). (Dkt. # 16). Without providing any
explanation for his refusal to appear, Godwin has now filed a motion to voluntarily
dismiss this case.
When a motion for voluntary dismissal is filed after a defendant has filed an
answer, Fed. R. Civ. P. 4l(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." Defendants have advised that they do not oppose a dismissal without
prejudice in this case. Accordingly, the court will grant Godwin's motion and will dismiss
this case without prejudice.
IT IS ORDERED that Roger Dale Godwin's motion for voluntary dismissal (dkt.
# 18) is GRANTED and this case is DISMISSED without prejudice.
Entered this 22nd day ofJuly 2014.
BY THE COURT:
WILLIAM M. CONLEY
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