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Johnson v. Pickett

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


September 17, 2009

NATHANIEL JOHNSON, PLAINTIFF,
v.
MR. PICKETT AND C. LOPEZ, DEFENDANTS.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

Before the Court is Plaintiff's Motion for Voluntary Dismissal. (Doc. 39). Plaintiff's Motion seeks a dismissal, without prejudice, of his Complaint. The Government states in its Response that it has no objections to a voluntary dismissal, without prejudice, in this case. (Doc. 40). Rule 41(a)(2) provides, in relevant part, that "[e]xcept as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff's request only by court order, on terms the court considers proper." FED. R.CIV.P.41(a)(2). Rule 41(a)(1) is inapplicable to the instant Motion to Dismiss. See FED.R.CIV.P.41(a)(1). Thus, there being no objections, the Court GRANTS Plaintiff's Motion and DISMISSES the case, WITHOUT PREJUDICE.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20090917

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