Griggs v. Holt, CV 117-089. (2019)
Court: District Court, S.D. Georgia
Number: infdco20190307a44
Visitors: 18
Filed: Mar. 06, 2019
Latest Update: Mar. 06, 2019
Summary: ORDER J. RANDAL HALL , Chief District Judge . Before the Court is Plaintiffs' motion for partial voluntarily dismissal. (Doc. 109.) Plaintiffs seek to dismiss only their claims for declaratory and injunctive relief against Defendants Ahmed Holt and Edward Philbin, but allow their damages claims to proceed. In support. Plaintiffs contend the prospective relief claims are moot because Plaintiff Griggs was transferred out of Augusta State Medical Prison ("ASMP") and is now released from prison
Summary: ORDER J. RANDAL HALL , Chief District Judge . Before the Court is Plaintiffs' motion for partial voluntarily dismissal. (Doc. 109.) Plaintiffs seek to dismiss only their claims for declaratory and injunctive relief against Defendants Ahmed Holt and Edward Philbin, but allow their damages claims to proceed. In support. Plaintiffs contend the prospective relief claims are moot because Plaintiff Griggs was transferred out of Augusta State Medical Prison ("ASMP") and is now released from prison ..
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ORDER
J. RANDAL HALL, Chief District Judge.
Before the Court is Plaintiffs' motion for partial voluntarily dismissal. (Doc. 109.) Plaintiffs seek to dismiss only their claims for declaratory and injunctive relief against Defendants Ahmed Holt and Edward Philbin, but allow their damages claims to proceed. In support. Plaintiffs contend the prospective relief claims are moot because Plaintiff Griggs was transferred out of Augusta State Medical Prison ("ASMP") and is now released from prison on parole and Plaintiff Maddox was transferred out of ASMP for reasons unrelated to this lawsuit. While Plaintiffs' motion was not filed as a stipulation or joint motion. Defendants have subsequently consented to the dismissal of the prospective claims. (Doc. 110.)
Upon due consideration. Plaintiffs' motion for partial voluntarily dismissal (Doc. 109) is GRANTED. Plaintiffs' claims for declaratory and injunctive relief against Defendants Holt and Philbin styled as "Count III" in Plaintiffs' amended complaint (Doc. 7) are DISMISSED WITHOUT PREJUDICE. The Clerk is directed to TERMINATE Defendant Ahmed Holt and Defendant Edward Philbin from this case.
ORDER ENTERED.
Source: Leagle
