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- ilcd;;1:16-cv-01146_de17 RegisterActionDate "2016-07-11" @default.
- ilcd;;1:16-cv-01146_de17 RegisterActionDescriptionText "TEXT ORDER entered by Judge Harold a. Baker on 7/7/2016. On July 6, 2016, the Court reviewed the claims in Plaintiff's amended complaint pursuant to 28 U.S.C.§1983 and found Plaintiff had failed to articulate a claim based a denial of a state stipend while in segregation. See July 6, 2016 Merit Review Order. However, the Court noted Plaintiff might be able to state a claim based on the clothing provided during winter months, but Plaintiff would need to provide some factual basis for this claim. Therefore, Plaintiff was advised if he believed he could articulate such a claim, Plaintiff could file an amended complaint in 21 days. If he did not, his case would be dismissed. See July 6, 2016 Merit Review Order. Plaintiff has now filed a motion to voluntarily dismiss his lawsuit because he does not believe he can articulate a claim based on winter clothing. 12 Federal Rule of Civil Procedure 41(a)(1) states 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. Therefore, the Plaintiff's motion is granted 12 and case is dismissed without prejudice pursuant to Fed.R.Civ.P. 41. (LN, ilcd) (Entered: 07/11/2016)" @default.
- ilcd;;1:16-cv-01146_de17 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01146_de17 hasJudgeReference SJ001500 @default.
- ilcd;;1:16-cv-01146_de17 hasReferenceToOtherEntry ilcd;;1:16-cv-01146_de16 @default.