You're viewing Docket Item 14 from the case Liddell, Jacob v. Haines, Tim et al. View the full docket and case details.

Download this document:




Case: 3:13-cv-00590-wmc Document #: 14 Filed: 09/19/13 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WISCONSIN

JACOB LIDDELL,

v.

TIM HAINES, et al.,

Plaintiff,

ORDER

13-cv-590-wmc

Defendants.

State inmate Jacob Liddell filed a proposed civil action pursuant to 42 U.S.C.

§ 1983, alleging violations of his constitutional rights. He has been granted leave to

proceed in fonna pauperis and he has made an initial partial payment toward the full

amount of the filing fee in compliance with 28 U.S.C. § 1915(b). Now pending before

the court is a letter from Liddell, asking to "withdraw [his] lawsuit."

The court construes the letter as a request for voluntary dismissal pursuant to Fed.

R. Civ. P. 41(a)(1)(A), which allows dismissal upon the plaintiffs request before the

opposing party serves either an answer or a motion for summary judgment. Because no

responsive pleading has been requested or received in this case, the motion will be

granted and the case will be dismissed without prejudice. See Smith v. Potter, 513 F.3d

781, 782-83 (7th Cir. 2008) (observing that a plaintiff's motion for voluntary dismissal

filed before

the opposing party serves either an answer or dispositive motion

automatically effects dismissal of the case); see also Nelson v. Napolitano, 657 F.3d 586,

1

Case: 3:13-cv-00590-wmc Document #: 14 Filed: 09/19/13 Page 2 of 2

587-88 (7th Cir. 2011) (discussing the effect of a voluntary dismissal under Rule 4l(a))

(collecting cases).

ORDER

IT IS ORDERED that:

I. The motion for voluntary dismissal filed by plaintiff Jacob Liddell (Dkt.

# 13) is GRANTED.

2. The complaint is DISMISSED without prejudice pursuant to Fed. R. Civ.

P. 4l(a). The clerk's office shall terminate all pending motions and close

this case.

Entered this 18th day of September, 2013.

BY THE COURT:

2