Davis, Jeffrey v. Carl, Kim et al

Filing 33

ORDER that pursuant to Fed. R. Civ. P. 41(a)(2), this matter is DISMISSED without prejudice. Signed by District Judge William M. Conley on 1/17/2018. (jef),(ps)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN JEFFREY M. DAVIS, JR., Plaintiff, ORDER v. Case No. 16-cv-689-wmc KIM CARL, TIMONTHY JORDAN, STEVEN DITTMAN, KEVIN PITZEN, OFFICER SCHULZE, SERGEANT WILLETT, DANIEL NORGE, PSY. D., LUCAS WEBER, LINDSAY WALKER, S. FRY, XIONG, ANDERSON and MICHAEL DITTMANN, Defendants. Pro se plaintiff Jeffrey M. Davis, Jr. is proceeding against the defendants on claims under the Eighth Amendment and state law. The court is in receipt of a letter from Davis, in which he requests either a conference call so that the court can order the parties to engage in settlement or mediation, or, in the alternative, dismissal of this lawsuit without prejudice. (Dkt. #31.) Defendants have responded that mediation would not be productive at this time and do not oppose dismissal of the case without prejudice. The court will not grant plaintiff’s request related to a mediation or settlement. Indeed, even if defendants expressed a willingness to engage in settlement discussions or mediation, this court does not generally order parties to either mediate or discuss settlement. However, as the parties are in agreement that dismissal without prejudice is appropriate, ORDER IT IS ORDERED that pursuant to Fed. R. Civ. P. 41(a)(2), this matter is DISMISSED without prejudice. Entered this 17th day of January, 2018. BY THE COURT: /s/ WILLIAM M. CONLEY District Judge 2

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