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White v. Lambert

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


August 26, 2010

DONNIE D. WHITE, PLAINTIFF,
v.
GREGORY LAMBERT, ET AL., DEFENDANTS.

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

ORDER

Before the Court is Plaintiff's Motion for Voluntary Dismissal (Doc. 174, in which Plaintiff seeks to voluntarily dismiss with prejudice his claims against defendants Todd Hunt and Brad McCarthy. Although Plaintiff has not expressly indicated, such dismissal would be made pursuant to FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1), which allows a plaintiff to voluntarily dismiss claims without a court order if a notice of dismissal is filed "before the opposing party serves either an answer or a motion for summary judgment." FED.R.CIV.P. 41(a)(1)(i). Because neither defendant Hunt nor McCarthy have been served in this case, Rule 41(a)(1)(i) applies.

As such, the Court hereby ACKNOWLEDGES Plaintiff's DISMISSAL WITH PREJUDICE of defendants C/O Todd Hunt and Brad McCarthy from this case.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court

20100826

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