Diaz v. Cox et al

Filing 9

ORDER DISMISSING CASE without prejudice. Plaintiff is ADVISED that although he has dismissed his case, he must still pay the filing fee for this case. Signed by Judge Michael J. Reagan on 5/24/2011. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MICHAEL DIAZ, #N-93764,
Plaintiff,
vs.
JOHN COX and RONNA MOYERS,
Defendants.

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CASE NO. 11-cv-0122-MJR

ORDER DISMISSING CASE
REAGAN, District Judge:
On April 22, 2011, Plaintiff moved this Court for voluntary dismissal of the action
(Doc. 7). Because neither Defendant has answered or moved for summary judgment (indeed, the
docket sheet indicates they have not been served), Plaintiff has the right to voluntarily dismiss this
action under Federal Rule of Civil Procedure 41(a)(1)(A).
Accordingly, the Court GRANTS Plaintiff’s motion (Doc. 7) and DISMISSES THIS
ACTION WITHOUT PREJUDICE. Plaintiff is ADVISED that although he has dismissed his
case, he must still pay the filing fee for this case. See 28 U.S.C. § 1915(b)(1), (e)(2); Lucien v.
Jockisch, 133 F.3d 464, 467 (7th Cir. 1998) (A prisoner incurs the obligation to pay the filing fee for
a lawsuit when the suit is filed, and the obligation continues regardless of later developments in the
suit, such as dismissal of the suit).
IT IS SO ORDERED.
DATED May 24, 2011.
/s/ MICHAEL J. REAGAN
Michael J. Reagan
United States District Judge