Forbis v. Feazil et al

Filing 8

ORDER DISMISSING CASE WITHOUT PREJUDICE. Plaintiff is INSTRUCTED that, though he has dismissed his claim, he must still pay the filing fee for this case. Signed by Judge G. Patrick Murphy on 4/4/2012. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

STEPHEN WAYNE FORBIS, Inmate # )
A67886,
)
)
Plaintiff,
)
)
vs.
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)
GINA FEAZIL, DR. VENERIO SANTOS, )
IDOC,
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)
Defendants.
)

CIVIL NO. 12-245-GPM

MEMORANDUM AND ORDER
MURPHY, District Judge:
On March 30, 2012, Plaintiff moved this Court for voluntary dismissal of the action pursuant
to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure (Doc. 7). Voluntary withdrawal of his
claim is Plaintiff’s right, and, accordingly, this action is DISMISSED WITHOUT PREJUDICE.
Plaintiff is INSTRUCTED that, though he has dismissed his claim, 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 or denial of leave
to proceed IFP.).
IT IS SO ORDERED.
DATED: April 4, 2012
s/ ZA ctàÜ|v~ `âÜÑ{ç
G. PATRICK MURPHY
United States District Judge
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