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Ford v. Kabat

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


August 7, 2009

BOBBY FORD, PLAINTIFF,
v.
MICHAEL J. KABAT AND WESLEY SHIRLEY, DEFENDANTS.

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

MEMORANDUM AND ORDER

On March 27, 2009, this District Court granted summary judgment in favor of Defendants Kabat and Shirley and against Plaintiff Ford pursuant to Heck v. Humphrey, 512 U.S. 477 (1994) (Doc. 40). As a result, the Court dismissed Count 1 against Kabat and Shirely with prejudice. At that time, however, Count 2 remained pending as to Defendant Wright, though the Court informed Ford that Count 2 would be severed under George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007), unless Ford wished to voluntarily dismiss that claim (Doc. 41). Ford did not voluntarily dismiss Count 2 and instead opted to proceed. Consequently, the Court ultimately severed Count 2 into a separate action with a new case number (Doc. 48).

Thus, all claims in this action have been dismissed and the case is now closed. Consequently, the Court now DIRECTS the Clerk of the Court to enter judgment in favor of Defendants Kabat and Shirley and against Plaintiff Ford as to Count 1. The case is DISMISSED with prejudice.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20090807

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