Torey v. Roper et al

Filing 6

ORDER granting in part and denying in part 5 Mr. Torey's motion. Mr. Torey's claims are dismissed without prejudice. Signed by Magistrate Judge Beth Deere on 7/25/2016. (mef)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ORLANDO TOREY V. PLAINTIFF CASE NO. 4:16-CV-476-JLH-BD ROPER, et al. DEFENDANTS ORDER Orlando Torey, an inmate at the Faulkner County Detention Center, filed this lawsuit without the help of a lawyer under 42 U.S.C. § 1983. (Docket entry #2) Mr. Torey, who is proceeding in forma pauperis, has moved to voluntarily dismiss the claims raised in this lawsuit. He asks that the Court order jail officials not to collect the remaining filing fee from his jail account. (#5) The motion (#5) is GRANTED, in part, and DENIED, in part. Mr. Torey’s claims are DISMISSED, without prejudice. Under the Prison Litigation Reform Act, however, the Court is not authorized to direct prison officials not to collect the filing fee for the instant complaint. See In re Tyler, 110 F.3d 528, 529-30 (8th Cir. 1997) (under Prison Litigation Reform Act, prisoners are responsible for filing fees the moment the civil action is filed). The Clerk of the Court is directed to close this case. IT IS SO ORDERED, this 25th day of July, 2016. ___________________________________ UNITED STATES MAGISTRATE JUDGE

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