Citation Codes Equivalent Citations citation codes Docket Number Case No. 05-cv-858-DRH. Judges David R. Herndon See more information ... Smart Summary Please sign up to generate summary. EDDIE RUSHING, Plaintiff, v. C/O JIMMY W. HOLLEN, C/O MICHAEL L. HOUSTON, C/O DANNY R. STOUT, SGT. FRANK FAIRLESS, and CHRIS BROOKS, Defendants. ORDER DAVID HERNDON, District Judge Before the Court is Plaintiff's Motion to Voluntarily Dismiss (Doc. 39), filed pursuant to Federal Rule of Civil Procedure 41(a)(2), seeking a Court Order of dismissal without prejudice of the remaining Defendants in this matter. A Response (Doc. 40) was filed by defendants Hollen, Houston, Stout and Fairless, stating they had no objection to the dismissal without prejudice. There was no response filed by defendant Brooks, yet as the time to respond is now past, silence will be construed as having no opposition. Plaintiff's Motion (Doc. 39) is GRANTED. Accordingly, pursuant to Rule 41(a)(2), this matter is hereby DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED.