Plasterer v. Hahn

MEMORANDUM

CALDWELL, District Judge.

In this section 1983 action for violations of an inmate’s Eighth Amendment rights based'upon deliberate indifference to his medical needs, defendant, Malcolm D. Weiss, D.O. (Weiss), has moved, pursuant to Fed.R.Civ.P. 41(a)(2), for dismissal of plaintiff’s amended complaint against him. Plaintiff joins in the motion but the other defendants, except James Mulligan, M.D., oppose it. The defendants who object make two arguments worthy of discussion. They contend first that a defendant may not proceed under Rule . 41(a)(2), and that Weiss’s motion must therefore…