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Rushing v. Hollen

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


October 1, 2007

EDDIE RUSHING, PLAINTIFF,
v.
C/O JIMMY W. HOLLEN, C/O MICHAEL L. HOUSTON, C/O DANNY R. STOUT, SGT. FRANK FAIRLESS, AND CHRIS BROOKS, DEFENDANTS.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

Before the Court is Plaintiff's Motion to Voluntarily Dismiss (Doc. 39), filed pursuant to Federal Rule of Civil Procedure 41(a)(2), seeking a Court Order of dismissal without prejudice of the remaining Defendants in this matter. A Response (Doc. 40) was filed by defendants Hollen, Houston, Stout and Fairless, stating they had no objection to the dismissal without prejudice. There was no response filed by defendant Brooks, yet as the time to respond is now past, silence will be construed as having no opposition.

Plaintiff's Motion (Doc. 39) is GRANTED. Accordingly, pursuant to Rule 41(a)(2), this matter is hereby DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20071001

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