Walker v. Illinois Department of Corrections et al, No. 3:2008cv00595 - Document 13 (S.D. Ill. 2009)
Court Description: MEMORANDUM AND OPINION, Granting 12 MOTION to Dismiss filed by Eric D Walker. Court finds that this case is dismissed without prejudice and directs the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 3/3/09. (bkl)
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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS ERIC D. WALKER, Plaintiff, Case No. 08-cv-595-JPG v. ILLINOIS DEPARTMENT OF CORRECTIONS, PINCKNEYVILLE CORRECTIONAL CENTER, and DOCTOR GARDNER, Defendants. MEMORANDUM AND ORDER This matter comes before the Court on the Motion to Dismiss (Doc. 12) filed by Plaintiff Eric D. Walker. Rule 41(a)(1)(A)(i) allows dismissal of an action by a plaintiff without a court order at any time before service by an adverse party of an answer or of a motion for summary judgment, whichever first occurs. Defendants have not filed an answer or motion for summary judgment in this case. Because the plaintiff has an absolute right to dismiss the action at the present time, the Court finds that this case is DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly. IT IS SO ORDERED. DATED: March 3, 2009 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE
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