IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
March 8, 2011
SHARON E. JAMES,
THE KROGER CO.,
The opinion of the court was delivered by: Herndon, Chief Judge:
Plaintiff Sharon E. James has filed an Amended Motion to Dismiss seeking the dismissal of her cause of action with prejudice (Doc. 27). The Motion does not state a reason for dismissal. Defendant has already served its Answer (Doc. 3), and the parties have not signed a stipulation of dismissal. Therefore, dismissal as of right is not proper in this matter. FED.R.CIV.PRO. 41(a)(1). Dismissal requires a court order on terms that the court considers proper. FED.R.CIV.PRO. 41(a)(2).
The Court considers it proper to dismiss this action since Plaintiff's Motion is with prejudice. The Court therefore GRANTS Plaintiff's Amended Motion to Dismiss (Doc. 27), and the above-styled lawsuit is hereby DISMISSED WITH PREJUDICE. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
David R. Herndon Chief Judge United States District Court
2011.03.08 09:34:46 -06'00'
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