Bonham v. Bureau of Prisons et al

Filing 5

ORDER DISMISSING CASE 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. Signed by Chief Judge Michael J. Reagan on 7/28/2016. (tjk)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS DANNY LEE BONHAM, No. N11641, Plaintiff, vs. BUREAU OF PRISONS, et al., Defendant. ) ) ) ) ) ) ) ) ) CIVIL NO. 16-cv-822-MJR MEMORANDUM AND ORDER REAGAN, Chief District Judge: On July 25, 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. 3). 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: July 28, 2016 s/ MICHAEL J. REAGAN CHIEF DISTRICT JUDGE

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