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Walker v. Illinois Dep't of Corrections

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


March 2, 2009

ERIC D. WALKER, PLAINTIFF,
v.
ILLINOIS DEPARTMENT OF CORRECTIONS, DEFENDANT.

The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

On February 19, 2009, Plaintiff moved this Court for voluntary dismissal of this action pursuant to Rule 41(a)(1)(i) of the Federal Rules of Civil Procedure (Doc. 8). Because this matter is still in threshold review, the defendant has not filed an answer or a motion for summary judgment. Consequently, voluntary withdrawal of his complaint is Plaintiff's right, and, accordingly, this action is DISMISSED WITHOUT PREJUDICE. All pending motions are denied as moot. The Clerk is DIRECTED TO CLOSE THIS CASE.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20090302

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