IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
November 16, 2011
MICHAEL HALL, PLAINTIFF,
SUPERVISOR BENDOFF, LISA SHEMONIC, AND MR. CLARK, DEFENDANTS.
The opinion of the court was delivered by: Reagan, District Judge:
Before the Court is Plaintiff Michael Hall's motion to "terminate" Lisa Shemonic as a defendant in this action (Doc. 60). Hall explains that he was misinformed that Shemonic was the supervisor of the mailroom at Menard Correctional Center.
A review of the record reveals that Shemonic has appeared, answered the complaint, and filed a motion for summary judgment. Therefore, Plaintiff cannot voluntarily dismiss Shemonic without the Court's approval. See Fed.R.Civ.P. 41(a)(1). In accordance with Federal Rule of Civil Procedure 41(a)(2), and in consideration of Plaintiff's admission that Shemonic was mistakenly named as a defendant, dismissal with prejudice is appropriate.
IT IS THEREFORE ORDERED that, for the reasons stated, Plaintiff Hall's motion to voluntarily dismiss Defendant Lisa Shemonic (Doc. 60) is GRANTED pursuant to Federal Rule of Civil Procedure 41(a)(2); Shemonic is dismissed with prejudice. Final judgment against plaintiff and in favor of Shemonic will be entered after all claims against all defendants are resolved.
MICHAEL J. REAGAN UNITED STATES DISTRICT JUDGE
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