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Nash v. Illinois State Police Commissioner

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


September 10, 2009

GEORGE NASH, PLAINTIFF,
v.
ILLINOIS STATE POLICE COMMISSIONER, ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

This matter is before the Court on Plaintiff's motion to withdraw his claim due to filing in the incorrect district (Doc. 11) which this Court liberally construes as a notice of voluntary dismissal of the action pursuant to Rule 41(a)(1)(i) of the Federal Rules of Civil Procedure. This notice has been given before any opposing party has filed either an answer or motion for summary judgment. Consequently, voluntary withdrawal of his complaint is Plaintiff's right under Rule 41(a)(1)(A) of the Federal Rules of Civil Procedcure. Accordingly, this action is DISMISSED WITHOUT PREJUDICE. Furthermore, all pending motions are DENIED as moot. The Clerk of Court is DIRECTED TO CLOSE THIS CASE.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20090910

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