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Marc Norfleet v. Roger E. Walker

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 5, 2011

MARC NORFLEET, PLAINTIFF,
v.
ROGER E. WALKER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on plaintiff Marc Norfleet's "Motion to Avoid Continuance of Sham Screening Order" (Doc. 33), which the Court construes as a notice of dismissal of the remaining claims in this case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Rule 41(a)(1)(A)(i) allows a plaintiff to dismiss an action without a court order at any time before the opposing party serves an answer or a motion for summary judgment. No defendant has served an answer or motion for summary judgment in this case. Because the plaintiff has an absolute right to dismiss the remaining claims in this case at the present time, the Court finds that those claims are DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.

J. Phil Gilbert

20110505

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