Attaway v. J.D. Byrider Dealership et al
| Michael N.B. Attaway |
| J.D. Byrider Dealership, KIA Motor Company, Ford Motor Company, Woodhouse Ford South, John Doe and John/Jane Doe |
| 3:2023cv03083 |
| September 13, 2023 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Contract: Other |
| 28 U.S.C. ยง 1330 Breach of Contract |
| Plaintiff |
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| Document Text |
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| Filing 9 JUDGMENT IN A CIVIL ACTION. Approved by Judge David W. Dugan on 9/25/2023. (dmw2) |
Filing 8
ORDER granting #7 Motion to Dismiss Lawsuit. On September 13, 2023, Plaintiff Michael N.B. Attaway filed this pro se lawsuit for breach of contract (Doc. 2). Plaintiff filed an amended complaint on September 19, 2023 (Doc. 6). Plaintiff also sought leave to proceed in forma pauperis (Doc. 3), and this Motion is currently under review with the Court. However, by Motion dated September 21, 2023, Plaintiff requests to withdraw this lawsuit in its entirety. Plaintiff represents that he understands that he still owes a filing fee for this case, but does not wish to pursue this litigation at this time (Doc. 7). Fed. R. Civ. P. 41(a)(1)(A) permits dismissal without a court order by two methods: (i) plaintiff files a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) plaintiff files a stipulation of dismissal signed by all parties who have appeared. In the instant case, Plaintiff has filed a Motion for dismissal before the opposing party has served an answer. Given the procedural posture of the case, the Court need take no further action because the notice effected the dismissal of this suit without prejudice. See Nat'l Inspection & Repairs, Inc. v. George S. May Intl. Co., 600 F.3d 878, 883 (7th Cir. 2010) ("Claims dismissed pursuant to Rule 41(a)(1) are complete on the dismissal without any action by the district judge."). For these reasons, Plaintiff's Motion to Dismiss Lawsuit is GRANTED, and this action is DISMISSED, without prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly and to close this case. Signed by Judge David W. Dugan on 9/25/2023. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 MOTION to Withdraw Lawsuit by Michael N.B. Attaway. (jle) |
| Filing 6 AMENDED COMPLAINT against John Doe, John/Jane Doe, filed by Michael N.B. Attaway.(jle) |
| Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jle) |
| Filing 4 NOTICE FROM CLERK Instructing Michael Attaway to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 347, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Michael Attaway on 9/13/2023. Consent due by 10/4/2023. (jle) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Michael N.B. Attaway. (jle) |
| Filing 2 COMPLAINT against J.D. Byrider Dealership, KIA Motor Company, Ford Motor Company and Woodhouse Ford South., filed by Michael N.B. Attaway.(jle) |
| Filing 1 Notice of Judge Assignment. Judge David W. Dugan assigned. All future documents must bear case number 23-cv-3083-DWD. Refer to the pro se litigant guide, found on the ILSD website, for further information. (jle) |
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