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Wiley v. Cronic

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


June 17, 2008

STEVEN W. WILEY, PLAINTIFF,
v.
HONORABLE STEVE CRONIC, HALL COUNTY SHERIFF; LIEUTENANT RICKY FAGGE; AND MID-FLORIDA SECURITY GROUP, INC., DEFENDANTS.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on plaintiff Steven W. Wiley's motion to dismiss Mid-Florida Security Group, Inc. from this case without prejudice (Doc. 31), which the Court construes as a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Rule 41(a)(1)(A)(i) allows dismissal of an action by a plaintiff without a court order at any time before service by an adverse party of an answer or of a motion for summary judgment, whichever first occurs. Mid-Florida Security Group, Inc. has not filed an answer or motion for summary judgment in this case. Because the plaintiff has an absolute right to dismiss Mid-Florida Security Group, Inc. at the present time, the Court finds that Mid-Florida Security Group, Inc. is DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly. The Court's June 12, 2008 order to show cause (Doc. 30) is DISCHARGED.

IT IS SO ORDERED.

20080617

© 1992-2008 VersusLaw Inc.



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