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- ilcd;;1:16-cv-01053_de9 RegisterActionDate "2016-03-28" @default.
- ilcd;;1:16-cv-01053_de9 RegisterActionDescriptionText "TEXT ORDER entered by Judge Joe Billy McDade on 3/28/2016: Plaintiff files 2 , a Motion to Correct indicating that he filed the Complaint seeking habeas relief and that it was not intended as a § 1983 action. He thereafter files 7 requesting that certain defendants be dismissed if the Court proceeds under section 1983. As it was apparently not Plaintiff's intent to file a section 1983 action, Plaintiff's 2 will be construed as a Motion To Voluntarily Dismiss and is GRANTED. Federal Rule of Civil Procedure 41(a)(1) states that a plaintiff may voluntarily dismiss his lawsuit without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)(i). The Defendants in this case have not yet been served. Plaintiff may choose to discontinue this litigation, and may choose to refile this action as long as it is filed within the two-year statute of limitations period or within one year of the dismissal, whichever is longer. See Wilson v. Garcia, 471 U.S. 261, 276, (1985) (Illinois provides a two-year personal injury statute of limitations which is applied to § 1983 actions); Jenkins v. Vill. of Maywood, 506 F.3d 622, 624 (7th Cir. 2007) (Illinois also has a tolling statute, 735 ILCS 5/13-202, which provides that a plaintiff who wishes to refile after a voluntary dismissal must begin a new action within one year, or the remaining limitations period, whichever is greater). Plaintiff's Complaint is DISMISSED without prejudice. 7 is rendered MOOT. The clerk is directed to send plaintiff, a form Habeas petition. The initial filing fee which was debited from Plaintiff's account is to be credited back to him. All pending motions are rendered MOOT and all internal deadlines are to be VACATED. This case is closed.(JRK, ilcd) (Entered: 03/28/2016)" @default.
- ilcd;;1:16-cv-01053_de9 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01053_de9 hasReferenceToOtherEntry ilcd;;1:16-cv-01053_de2 @default.
- ilcd;;1:16-cv-01053_de9 hasReferenceToOtherEntry ilcd;;1:16-cv-01053_de8 @default.