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)

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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

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