Roberts v. Jackson et al

Filing 13

ORDER granting 9 motion to voluntarily dismiss; denying Roberts's request to refund or waive his filing fee; denying all pending motions as moot; and directing the clerk to mail Roberts a 1983 complaint form and an application to proceed in forma pauperis with prisoner calculation sheet. Signed by Chief Judge Brian S. Miller on 08/25/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BRUNSON ROBERTS
ADC #127841
v.

PLAINTIFF
CASE NO. 5:14CV00164 BSM

ANTHONY JACKSON, Captain, et al.

DEFENDANTS

ORDER
Plaintiff Brunson Roberts’s motion to voluntarily dismiss [Doc. No. 9] this case is
granted. See Fed. R. Civ. P. 41(a)(1). The case is dismissed without prejudice, and all
pending motions are denied as moot.
Roberts’s request to refund or waive his filing fee is denied, because the Eighth
Circuit has clarified that the filing fee is due the moment a lawsuit is filed, even if the case
is dismissed prior to service. See Williams v. Harmon; Case No. 07-3800, 2008 WL 4331125
(8th Cir. Sept. 24, 2008); In Re Tyler, 110 F.3d 528, 529-30 (8th Cir. 1997). If Roberts
wishes to pursue his claims now that he has fully exhausted his administrative remedies, he
must file a new § 1983 complaint, application to proceed in forma pauperis, and prisoner
calculation sheet. The clerk is directed to mail Roberts those forms.
IT IS SO ORDERED this 25th day of August 2014.

UNITED STATES DISTRICT JUDGE