December 20, 2013
ZACHARY CHESSER, Plaintiff,
HENRY RIVAS, JEFFREY WALTON, WENDY ROAL, STEVEN CARDONA, PAUL KELLY, MILTON NEUMANN, ROBERT ROLOFF, McCLEARY, WINN, LESLIE SMITH, APRIL CRUITT, T. CAPALDO, STEPHEN COLT and J. SIMMONS, Defendants.
MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the Court on plaintiff Zachary Chesser's motion to dismiss Counts 7-12 without prejudice (Doc. 50). The Court construes this motion as pursuant to Federal Rule of Civil Procedure 41(a)(2) filed by the plaintiff. Rule 41(a)(2) provides that only the Court may dismiss an action after an adverse party has filed an answer or motion for summary judgment and in the absence of a stipulation of dismissal of an entire case signed by all the parties. The Court has reviewed the file and has determined that dismissal of these claims without prejudice is appropriate. Accordingly, the Court GRANTS the motion (Doc. 50), DISMISSES without prejudice Counts 7-12 and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Defendants McCleary and Winn are terminated as defendants in this case. The only claims remaining in this case are Counts 1-6, 13-18 and 21.
IT IS SO ORDERED.