Davis v. Rackley et al

Filing 13

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/17/2019 DENYING 12 Request. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBBIE DAVIS,

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No. 2:18-cv-0090-EFB P
Plaintiff,

v.

ORDER

R. RACKLEY, 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 February 4, 2019, the court dismissed plaintiff’s original complaint with leave

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to amend pursuant to 28 U.S.C. § 1915A. ECF No. 6. The court also granted plaintiff’s request

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for leave to proceed in forma pauperis, obligating him to pay the filing fee in full through

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monthly payments. Id.; 28 U.S.C. § 1915(b)(1). On April 12, 2019, plaintiff requested that the

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court “drop the whole case and not $ charge [plaintiff because he is] very poor [and has] no $

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fund to pay.” ECF No. 12.

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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 April 12, 2019 request (ECF No.

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12) 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: April 17, 2019.

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