Wallace v. Mayfield et al

Filing 74

ORDER granting 73 plaintiff's motion to dismiss voluntarily his complaint without prejudice and denying all 33 38 45 63 pending matters as moot. While Mr. Wallace has voluntarily dismissed this action, he remains obligated to pay the full filing fee. Signed by Judge Kristine G. Baker on 04/07/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DONNIE LYNN WALLACE
ADC# 140378
v.

PLAINTIFF

Case No. 5:15-cv-00341 KGB/JTR

JOSHUA K. MAYFIELD, et al.

DEFENDANTS
ORDER

Before the Court is plaintiff Donnie Lynn Wallace’s motion to dismiss voluntarily his
complaint (Dkt. No. 73).

The Court grants Mr. Wallace’s motion and dismisses without

prejudice this case. All pending matters are denied as moot (Dkt. Nos. 33; 38; 45; 63). While
Mr. Wallace has voluntarily dismissed this action, he remains obligated to pay the full filing fee.
See In re Tyler, 110 F.3d 528, 529-30 (8th Cir. 1997) (“Even if Tyler's petition is dismissed,
Tyler will still be assessed the full filing fee because the PLRA makes prisoners responsible for
their filing fees the moment the prisoner brings a civil action or files an appeal.”).
So ordered this 7th day of April, 2016.

_______________________________
Kristine G. Baker
United States District Judge