Waters v. Felts et al

Filing 8

ORDER directing Mr. Waters to file on or before September 16, 2013, a statement clarifying whether he would like to dismiss all or part of the claims raised in his complaint. 6 . Signed by Judge Kristine G. Baker on 8/19/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

BRANDON WATERS,
ADC #148641
v.

PLAINTIFF
Case No. 5:13-cv-145 KGB/JTR

JOHN FELTS,
Chairman of the Parole Board, et al.

DEFENDANTS

ORDER
On June 28, 2013, Brandon Waters filed a motion to dismiss voluntarily this pro se § 1983
action and a request to release him from paying the filing fee in installments (Dkt. No. 6). By prior
Order dated May 22, 2013, this Court directed Mr. Waters to pay the filing fee in installments (Dkt.
No. 3). Soon thereafter, Mr. Waters sent the Court a letter renewing his constitutional challenges
to the prison’s substance abuse treatment program (Dkt. No. 7). Thus, it is unclear whether he still
intends to dismiss this case.
Mr. Waters must file, on or before September 16, 2013, a statement clarifying whether he
would like to dismiss all or part of the claims raised in his complaint. If Mr. Waters chooses to
dismiss this case, he must, nevertheless, pay the filing fee in installments. See Williams v. Harmon,
2008 WL 4331125 (8th Cir. Sept. 24, 2008) (holding that a trial court was not authorized to direct
prison officials to refrain from collecting the filing fee for a case that was dismissed prior to service);
In Re Tyler, 110 F.3d 528, 529-30 (8th Cir. 1997) (explaining that prisoners are responsible for
paying the filing fee the moment a civil action is filed). Finally, Mr. Waters is reminded that this
case may be dismissed without prejudice pursuant to Local Rule 5.5(c)(2) in the event he fails to
comply with this Order.

SO ORDERED this 19th day of August, 2013.

Kristine G. Baker
United States District Judge

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