Williams v. Duncan et al

Filing 6

ORDER DISMISSING CASE without prejudice. This dismissal shall not count as one of Plaintiff's allotted strikes under28 U.S.C. § 1915(g). Signed by Judge J. Phil Gilbert on 3/10/2015. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CORDELL WILLIAMS,
#M-07892,
Plaintiff,
vs.
STEPHEN B. DUNCAN,
RICHARD MOORE, BETH TREDWAY,
THOMAS STUCK, ALAN DALLAS,
MATTHEW FREEMAN, CHAD RAY,
MICHAEL FISHER, DALE MONICAL,
JEFFERY J. MOLENHOUR,
SHAWN OCHS,
and COLLIN RAY,
Defendants.

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Case No. 15-cv-00158-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
Plaintiff Cordell Williams is currently incarcerated at Lawrence Correctional Center
(“Lawrence”). On February 12, 2015, he filed this action pro se pursuant to 42 U.S.C. § 1983
(Doc. 1). In the complaint, Plaintiff alleges that his flat screen television was stolen while he
was in segregation, and Lawrence officials refused to investigate the matter because of his sexual
orientation (Doc. 1, pp. 5-8). He asserts claims against these officials under the First, Eighth,
and Fourteenth Amendments (Doc. 1, p 5). Plaintiff seeks declaratory judgment, monetary
damages, and injunctive relief (Doc. 1, p. 9). The complaint currently awaits preliminary review
under 28 U.S.C. § 1915A.
On March 4, 2015, Plaintiff filed a motion seeking to voluntarily dismiss this action
(Doc. 5). Pursuant to this request, the Court shall grant the motion and dismiss the action
without prejudice.
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In the motion, Plaintiff acknowledges that dismissal does not relieve him of the
obligation to pay the filing fee (Doc. 5, p. 1). Plaintiff is correct. His obligation to pay the filing
fee was incurred at the time he filed the action. Along with the complaint, Plaintiff filed a
motion seeking leave to proceed in forma pauperis (Doc. 2), which the Court granted on
February 19, 2015 (Doc. 4). Therefore, the filing fee of $350.001 remains due and payable
whether or not this action is voluntarily dismissed.

See 28 U.S.C. § 1915(b)(1);

Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).
IT IS HEREBY ORDERED that Plaintiff’s motion for voluntary dismissal (Doc. 5) is
GRANTED, and this action is DISMISSED without prejudice.

See FED. R. CIV. P.

41(a)(1)(A)(i). This dismissal shall not count as one of Plaintiff’s allotted “strikes” under
28 U.S.C. § 1915(g).
The Clerk’s Office is DIRECTED to close this case and enter judgment accordingly.
IT IS SO ORDERED.
DATED: March 10, 2015
s/J. Phil Gilbert
U.S. District Judge

1

Had the Court denied Plaintiff’s motion for leave to proceed in forma pauperis, he would be obligated to
pay $400.00, instead of $350.00. This is because, effective May 1, 2013, the filing fee for a civil case
increased from $350.00 to $400.00, by the addition of a new $50.00 administrative fee for filing a civil
action, suit, or proceeding in a district court. See Judicial Conference Schedule of Fees - District Court
Miscellaneous Fee Schedule, 28 U.S.C. § 1914, No. 14.

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