Miles v. Wills et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHASE MILES, #M41581, 	)
)
Plaintiff, 	)
)
vs. 	) 	Case No. 25-cv-00162-SMY
)
MATTHEW PLUMMER (in his official 	)
capacity as Menard Warden),1 	)
MICHAEL KRCMAR, 	)
JOHN DOE 1, and 	)
JOHN DOE 2, 	)
)
Defendants. 	)
MEMORANDUM AND ORDER
YANDLE, Chief Judge:
This matter is before the Court on Plaintiff Chase Miles’ Motion for Voluntary Dismissal
(Doc. 35). 	Defendants Krcmar and Plummer oppose the motion (Doc. 36) and Plaintiff filed a
Reply (Doc. 39).
Plaintiff filed this civil rights action pursuant to 42 U.S.C. § 1983 pro se while he was
incarcerated at Pontiac Correctional Center (Doc. 1). The Court allowed him to proceed on Eighth
Amendment claims for excessive force, deliberate indifference to medical needs, and cruel and
unusual punishment (Doc. 14). Plaintiff later obtained counsel (Docs. 26, 27, 28). He was released
on parole on December 30, 2025 (Doc. 35). 	Plaintiff requests to voluntarily dismiss this case
without prejudice so he may refile the action without being subject to the restrictions imposed
upon prisoner litigants by the Prison Litigation Reform Act (“PLRA”).
A court may grant a plaintiff’s motion to voluntarily dismiss a case “on terms that the court
1 Current Warden Matthew Plummer is automatically substituted for official capacity Defendant Anthony Wills
(former Menard Warden) pursuant to Fed. R. Civ. P. 25(d) (See Doc. 36, p. 1). Wills was retained as a defendant in
his official capacity only, to assist in identification of the unknown defendants (Doc. 14).
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considers proper.” FED. R. C IV. P. 41(a)(2). Voluntary dismissal should not be permitted where
it would result in “plain legal prejudice” to the defendant. U.S. v. Outboard Marine Corp., 789
F.2d 497, 502 (7th Cir. 1986); see also Simons v. Fox, 725 F. App’x 402, 406 (7th Cir. 2018).
Defendants have not demonstrated they will suffer plain legal prejudice if voluntary
dismissal is granted. They do not claim to have expended significant resources on discovery or
trial preparation, nor do they argue Plaintiff has caused delay in prosecuting the case. See Pace v.
S. Exp. Co., 409 F.2d 331, 334 (7th Cir. 1969). 	This case is still at an early stage; unknown
defendants are yet to be identified, substituted, and served with process. While the parties were
instructed to exchange information leading to the identification of the John Doe Defendants (Docs.
19, 24, 29, 34), no formal discovery has commenced. 	The Court has not entered a scheduling
order or set a deadline for defendants to file a summary judgment motion on the issue of exhaustion
of administrative remedies, and no such motion is before the Court. No merits discovery schedule
or trial date has been set.
Defendants assert they have not yet determined whether to file a motion on the exhaustion
defense, and they argue dismissal to bypass this PLRA defense is not justified. However, were
defendants to seek and obtain summary judgment on the grounds of failure to exhaust, Plaintiff
could potentially refile his lawsuit without facing the exhaustion defense, now that he is no longer
a prisoner. See Epps v. Dart, Case No. 20-cv-05742, 2022 WL 1316547 at *5-6 (N.D. Ill. May 3,
2022) (citing Dixon v. Page, 291 F.3d 485, 488 n.1 (7th Cir. 2002)). Judicial economy thus favors
voluntary dismissal at this stage.
Accordingly, Plaintiff’s Motion for Voluntary Dismissal (Doc. 35) is GRANTED. This
case is DISMISSED WITHOUT PREJUDICE to Plaintiff re-filing his case. 	All information
exchanged between the parties to identify the John Doe Defendants, and any other informal
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discovery conducted, will apply to the refiled case. The Clerk of Court is DIRECTED to enter
judgment accordingly.
IT IS SO ORDERED.
DATED: February 24, 2026
s/ Staci M. Yandle_____
STACI M. YANDLE
Chief U.S. District Judge
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