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Wells Fargo Bank, N.A v. Eleanor A. Yocius

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


July 28, 2011

WELLS FARGO BANK, N.A., PLAINTIFF,
v.
ELEANOR A. YOCIUS, DEBORA LEWIS, UNITED STATES OF AMERICA, UNKNOWN OWNERS, AND NON-RECORD CLAIMANTS, DEFENDANTS.

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

ORDER

Now before this Court is plaintiff Wells Fargo Bank's motion to voluntarily dismiss its claims against defendant United States (Doc. 11) and defendant United States' motion to dismiss the complaint for lack of standing (Doc. 8).

Plaintiff's motion to voluntarily dismiss indicates the United States was mistakenly named a defendant because it has a lien against a Deborah Lewis who is not the same as defendant Debora Lewis. The United States has not pleaded any counterclaims. For these reasons and pursuant to Federal Rule of Civil Procedure 41(a)(2), plaintiff's motion to voluntarily dismiss its claims against the United States (Doc. 11) is GRANTED, and the United States is DISMISSED from this action without prejudice. The United States' motion to dismiss the complaint (Doc. 8) is DENIED as moot.

IT IS SO ORDERED.

Digitally signed by David R. Herndon Date: 2011.07.28 10:08:19 -05'00' Chief Judge United States District Court

20110728

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