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Roberts v. Darnell

United States District Court, S.D. Illinois

May 21, 2014

SUSAN ROBERTS, Guardian of the Person and Estate of Dillon Roberts, Plaintiff,
v.
BILLY DARNELL, and CITY OF ST. FRANCISVILLE, ILLINOIS, Defendants.

ORDER

DAVID R. HERNDON, Chief District Judge.

This matter is before the Court on defendants Billy Darnell and City of St. Francisville, Illinois' (collectively "defendants") motion for abstention and dismissal (Doc. 25). Defendants request that the Court dismiss this action pursuant to Colorado River abstention because plaintiff has filed a similar state cause of action. Colorado River Water Conservation Dist. v. United States, 424 U.S. 800 (1976). More specifically, defendants assert that the state court case and the federal case involve the same parties and the same incident and that the issues are substantially the same. Plaintiff has not responded. Pursuant to Local Rule 7.1(c) the Court considers plaintiff's failure to respond as an admission on the merits. Accordingly, the Court GRANTS defendants' motion for abstention and dismissal (Doc. 25) and DISMISSES this action without prejudice.

IT IS SO ORDERED.


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