Corbine v. Zuercher et al, No. 3:2009cv00166 - Document 30 (S.D. Ill. 2009)
Court Description: MEMORANDUM AND OPINION, Granting 28 MOTION to Dismiss filed by Rebecca Corbine. Court dismisses this action with prejudice. Signed by Magistrate Judge Philip M. Frazier on 6/11/09. (bkl) Modified on 6/11/2009 (bkl).
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS REBECCA CORBINE, Petitioner, vs. WILLIAM A. SHERROD, Respondent. ) ) ) ) ) ) ) ) ) Case No. 09-cv-166-PMF MEMORANDUM AND ORDER FRAZIER, Magistrate Judge: On June 1, 2009, Petitioner Rebecca Corbine filed a voluntary dismissal of this action (Doc. 28). Petitioner cites no Federal Rule of Civil Procedure under which she brings her motion. Rule 41(a)(1) allows a plaintiff to dismiss a case either by filing a stipulation signed by all parties who have appeared OR by filing a notice of dismissal before the adverse party answers or moves for summary judgment. Petitioner has not filed a stipulation and seeks dismissal after respondent has answered. Therefore, the pleading is properly construed as a motion for voluntary dismissal under Rule 41(a)(2), which provides for dismissal by Court Order. Respondent has filed no objection to the petitioner s motion to dismiss. The Court GRANTS the motion (Doc. 28) and DISMISSES this action with prejudice. This case is closed. IT IS SO ORDERED. DATED: June 11, 2009 . s/Philip M. Frazier PHILIP M. FRAZIER UNITED STATES MAGISTRATE JUDGE
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