Bassett v. Macomber et al

Filing 15

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/23/16 ORDERING that plaintiff's March 18, 2016 request (ECF No. 13 ) is DENIED. If plaintiff no longer wishes to pursue this action, he may voluntarily dismiss it without prejudice by filing a notice of dismissal in accordance with Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD DEWAYNE BASSETT,

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No. 2:15-cv-2064-KJM-EFB P

Plaintiff,
v.

ORDER

JEFF MACOMBER, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On January 14, 2016, the court screened plaintiff’s complaint pursuant to 28

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U.S.C. § 1915A and granted plaintiff 30 days within which to return documents to effectuate

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service of process on defendant Alcazar by the United States Marshal. ECF No. 10. On March

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18, 2016, plaintiff requested that this action be dismissed and that the court “recall the filing

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charge.” ECF No. 13.

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Plaintiff’s request must be denied. If plaintiff no longer wishes to pursue this action, he

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may voluntarily dismiss it without prejudice by filing a notice of dismissal in accordance with

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Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure. Even if plaintiff chooses to voluntarily

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dismiss this action, he remains obligated to pay the entire filing fee “in increments,” Williams v.

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Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015); see also 28 U.S.C. § 1915(b)(1) & (2); Taylor v.

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Delatoore, 281 F.3d 844, 847 (9th Cir. 2002) (“Under the PLRA, all prisoners who file IFP civil

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actions must pay the full amount of the filing fee.”).
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s March 18, 2016 request (ECF

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No. 13) is denied. If plaintiff no longer wishes to pursue this action, he may voluntarily dismiss it

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without prejudice by filing a notice of dismissal in accordance with Rule 41(a)(1)(A) of the

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Federal Rules of Civil Procedure.

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DATED: March 23, 2016.

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