Thomas v. Donaldson

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION dismissing case for 8 denying Motion to Withdraw filed by Kristopher Thomas, 6 Report and Recommendations,. Signed by Judge William T. Moore, Jr on 4/5/11. (wwp)

-GRS Thomas v. Donaldson

Doc. 9

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION KRISTOPHER THOMAS,

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20!! APR -5

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CLERK
OF

Plaintiff,

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V.
JEFFERY DONALDSON, Defendant.

CASE NO. 011411-026

ORDER

Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 6), to which no objections have been filed. However, Plaintiff filed a motion in which he requests permission to "fully withdraw" his claims and "terminate this civil suit," citing inadequate legal aid due to his incarceration. (Doc. 8.) The Court is not inclined to grant this request. Judicial resources have already been expended to review Plaintiff's claims, and plaintiffs asserting claims in forma pauperis subject to the Prison Litigation Reform Act cannot be permitted to circumvent those requirements. See Hines v. Graham, 320 F. Supp. 2d 511, 529 (N.D. Tex. 2004) ("Plaintiff should not be permitted to contravene the PLPA by voluntarily dismissing this complaint to avoid accumulating his third strike.") ; Sumner v. Tucker, 9 F. Supp. 2d 641, 643 (E. D. Va. 1998) ("[W]hile [plaintiff] enjoys a right to voluntarily

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dismiss the present action, that right is subject to the provisions of the Prison Litigation Reform Act . . . Accordingly, Plaintiff's motion (Doc. 8) is DENIED. After a careful de novo review, the Court concurs with the Magistrate Judge's Report and Recommendation. Accordingly, the Court ADOPTS the same as its opinion. The Clerk of Court is DIRECTED to close this case. SO ORDERED this

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of April 2011.

. WILLIAM T. MOORE, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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