Davis v. Rackley et al

Filing 25

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/9/2020 DENYING 24 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-TLN-EFB P
Plaintiff,

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v.

ORDER

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R. RACKLEY, Warden, et al.,

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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. Once again, he has requested that he be permitted to voluntarily dismiss this

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action on the condition that the filing fee be refunded to him. ECF No. 24; see also ECF Nos. 12

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& 13.

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

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

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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 2, 2020 request (ECF No.

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24) 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 9, 2020.

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