Caruso vs. Fuhrman et al

Filing 18

ORDER DISMISSING CASE without prejudice, GRANTING Plaintiff's Motion to Voluntarily Dismiss (Doc. 17 ). Plaintiffs obligation to pay the filing fee for this action was incurred at the time the action was filed, thus the filing fee of $350 remains due and payable. Signed by Judge J. Phil Gilbert on 4/4/2011. (tjk)

Caruso vs. Fuhrman et al

Doc. 18

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS TIM CARUSO, #B-75626, Plaintiff, vs. C/O FUHRMAN and LT. COLLIER, Defendants. ) ) ) ) ) ) ) ) )

CIVIL NO. 10-cv-877-JPG

MEMORANDUM AND ORDER GILBERT, District Judge: This matter is before the Court on Plaintiff's Motion to Voluntarily Dismiss (Doc. 17). Voluntary withdrawal of his claim is Plaintiff's right; accordingly, Plaintiff's motion is GRANTED. This action is DISMISSED WITHOUT PREJUDICE. Plaintiff's obligation to pay the filing fee for this action was incurred at the time the action was filed, thus the filing fee of $350 remains due and payable. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). The Clerk's office is directed to close the file. IT IS SO ORDERED. DATED: April 4, 2011

s/J. Phil Gilbert United States District Judge

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