Pearson v. Ingram Barge Company, No. 3:2008cv00897 - Document 13 (S.D. Ill. 2009)
Court Description: MEMORANDUM AND OPINION. This action is dismissed without prejudice. Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 2/13/09. (bkl)
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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS CHRISTOPHER PEARSON, Plaintiff, v. Case No. 08-cv-897-JPG INGRAM BARGE COMPANY, Defendant. MEMORANDUM AND ORDER This matter comes before the Court on Plaintiff Christopher Pearson s Notice of Voluntary Dismissal (Doc. 12). 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: February 13, 2009 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE
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