White et al v. Johnson et al

Filing 29

ORDER DISMISSING CASE, Granting 25 MOTION to Withdraw filed by Terrence M Love, 26 MOTION to Withdraw filed by Henry Mounson, 27 MOTION to Withdraw filed by Joseph Herman, 24 MOTION to Voluntarily Dismiss filed by Donnie D White; Granting in Part and Denying in Part 28 MOTION to Withdraw filed by Rodney Dees. Plaintiffs LOVE, MOUNSON, HERMAN, and DEES are DISMISSED from this action without prejudice. The motions at Docs. 25, 26, and 27 are GRANTED. Plaintiff Dees' motion at Doc. 28 is GRANTED IN PART and DENIED IN PART. Plaintiff Dees is dismissed from this action, but his request for reimbursement of his filing fee is DENIED. Plaintiff White's motion for voluntary dismissal 24 is GRANTED and this action is DISMISSED WITHOUT PREJUDICE. The filing fee of $350 for each Plaintiff remains due and payable. Signed by Judge G. Patrick Murphy on 3/16/2012. (beb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DONNIE D. WHITE, #B-31317,
TERRENCE M. LOVE, #N-02073,
HENRY MOUNSON, #N-73406,
JOSEPH HERMAN, #B-45057, and
RODNEY DEES, #N-93497,
Plaintiffs,
vs.
YOLANDE D. JOHNSON, et al.,
Defendants.

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CASE NO. 11-cv-346-GPM

MEMORANDUM AND ORDER
MURPHY, District Judge:
This matter is before the Court for case management, and for consideration of the
following motions: motion to voluntarily dismiss filed by lead Plaintiff Donnie D. White (Doc.
24); and motions to withdraw as plaintiff filed by Plaintiffs Terrence Love (Doc. 25), Henry
Mounson (Doc. 26), Joseph Herman (Doc. 27), and Rodney Dees (Doc. 28). On February 16,
2012, the Court ordered each of the four non-lead Plaintiffs to advise whether he wished to
continue as a Plaintiff in this group action (Doc. 23); each has timely filed an appropriate motion.
Motions to Withdraw as Plaintiff
Plaintiffs Love, Mounson, Herman, and Dees, by their motions, have notified the Court
they no longer want to participate in this group litigation, and ask to be dismissed from this
action. The Court shall therefore dismiss these Plaintiffs. Plaintiff Dees makes the additional
request that the partial filing fee he has paid to the Court be refunded to him (Doc. 28). That
request cannot be granted. The obligation to pay the filing fee for this action was incurred at the
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time the action was filed, thus the filing fee of $350 for each Plaintiff remains due and payable.
See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998) (once
incurred, the obligation to pay the filing fee continues regardless of later developments in the
suit, such as dismissal of the case or denial of leave to proceed IFP); Boriboune v. Berge, 391
F.3d 852, 854 (7th Cir. 2004) (each prisoner-plaintiff in a joint action must pay a full filing fee,
just as if he had filed the suit individually).
IT IS THEREFORE ORDERED that Plaintiffs LOVE, MOUNSON, HERMAN, and
DEES are DISMISSED from this action without prejudice. The motions at Docs. 25, 26, and
27 are GRANTED. Plaintiff Dees’ motion at Doc. 28 is GRANTED IN PART and DENIED
IN PART. Plaintiff Dees is dismissed from this action, but his request for reimbursement of his
filing fee is DENIED.
Motion for Voluntary Dismissal
Lead Plaintiff White requests dismissal of the case in its entirety (Doc. 24). Because
this Court has granted the requests of the other Plaintiffs to be dismissed from this action, there is
no obstacle to granting Plaintiff White’s motion. A Plaintiff has the right to voluntarily withdraw
his claim. FED. R. CIV. P. 41(a)(1)(A)(i). Accordingly, this action is DISMISSED WITHOUT
PREJUDICE. As noted above, Plaintiff White remains responsible for payment of his filing
fee, despite the dismissal of this action.
IT IS SO ORDERED.
DATED: March 16, 2012
/s / G. Patrick Murphy
G. PATRICK MURPHY
United States District Judge

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