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Fonseca v. Nelson

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


June 26, 2009

ARNULFO FONSECA, PLAINTIFF,
v.
CHARLES DAVID NELSON, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS STATE'S ATTORNEY FOR SALINE COUNTY, KEITH BROWN, INDIVIDUALLY AND IN HIS CAPACITY AS SHERIFF OF SALINE COUNTY, KEN CLORE, MARK LEVAUGHN, RANDY BUTLER, MIKE JONES, BRAD NEAL, DAVID BLAZIER, TODD FORT, STEVE SLOAN, MONA NELSON, SALINE COUNTY, SHERIFF'S OFFICE OF SALINE COUNTY, STATE'S ATTORNEY'S OFFICE OF SALINE COUNTY, AND VILLAGE OF CARRIER MILLS, DEFENDANTS.

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

MEMORANDUM AND ORDER

On June 12, 2008, Fonseca filed this action alleging causes of action under 42 U.S.C. § 1983 and state law (Doc. 2). On June 25, 2009, Fonseca filed a stipulation of voluntary dismissal (Doc. 144) as to his claims against Defendants David Blazier, Brad Neal, and the Village of Carrier Mills.

FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii) provides that a plaintiff may voluntarily dismiss an action "by filing a stipulation of dismissal signed by all parties who have appeared." Fonseca submitted a stipulation of dismissal signed by John Cranley, counsel for Plaintiff, as well as the various attorneys representing the Defendants: James Cook, Karen McNaught, Joseph Bleyer, and Thomas Crosby.

Pursuant to the parties' stipulation (Doc. 144), the Court hereby DISMISSES the action as to Defendants David Blazier, Brad Neal, and the Village of Carrier Mills with prejudice.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20090626

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