Bakhtiari v. Bagwell et al

Filing 28

ORDER DISMISSING CASE WITHOUT PREJUDICE, granting 27 MOTION to Dismiss filed by Alireza Bakhtiari. Signed by Judge Staci M. Yandle on 4/4/2016. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ALIREZA BAKHTIARI,
Plaintiff,
vs.
M. BAGWELL, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 3:15-cv-00922-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
On April 1, 2016, 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. 27). Voluntary
withdrawal of his claim is Plaintiff’s right, and, accordingly, this action is DISMISSED
WITHOUT PREJUDICE. All pending motions are DENIED as moot. 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, 2016

s/ STACI M. YANDLE
STACI M. YANDLE
U.S. District Court Judge

Page 1 of 1