Walker v. Illinois Department of Corrections et al, No. 3:2008cv00670 - Document 6 (S.D. Ill. 2009)
Court Description: MEMORANDUM AND OPINION, Granting 5 MOTION to Dismiss filed by Eric D Walker. The Court finds this action 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)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS ERIC D. WALKER, Plaintiff, v. Case No. 08-cv-670-JPG ILLINOIS DEPARTMENT OF CORRECTIONS, MAJOR PICKERING, and DANIEL L. AUSTIN, Defendants. MEMORANDUM AND ORDER This matter comes before the Court on plaintiff Eric D. Walker s motion to dismiss (Doc. 5), which the Court construes as a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). 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. The defendant has not filed an answer or motion for summary judgment in this case. Because the plaintiff has an absolute right to dismiss this case at the present time, the Court finds that this action 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
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
