GEANEY v. CARLSON

No. 84-2914.

776 F.2d 140 (1985)

Jeremiah GEANEY and Garvin Dale White, Plaintiffs-Appellants, v. Norman CARLSON, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 28, 1985.


Attorney(s) appearing for the Case

Nancy Horgan, Carbondale, Ill., for plaintiffs-appellants.

Richard Lloyd, Asst. U.S. Atty., Frederick J. Hess, U.S. Atty., Benton, Ill., for defendants-appellees.

Before CUMMINGS, Chief Judge, EASTERBROOK, Circuit Judge, and WRIGHT, Senior Circuit Judge.


EUGENE A. WRIGHT, Circuit Judge.

In this case, a United States magistrate construed written communication from inmate plaintiffs as a voluntary dismissal under Fed.R.Civ.P. 41(a)(1)(i). Plaintiffs-appellants appealed this dismissal of their action, contending it was involuntary due to circumstances constituting duress. The appellees contend that this court lacks jurisdiction because the dismissal was voluntary and without prejudice and is therefore nonappealable....

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