West v. Migneron

Filing 8

ORDER DISMISSING CASE without prejudice. The Court will not assess a strike. Plaintiff is INSTRUCTED that, though he has dismissed his claim, he must still pay the filing fee. Signed by Judge Nancy J. Rosenstengel on 11/1/2016. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KENTES WEST,
Plaintiff,
vs.
MIGNERON,
Defendant.

)
)
)
)
)
)
)
)
)

Case No. 16-CV-989-NJR

MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
Plaintiff originally filed suit on April 11, 2016, alleging various constitutional
violations arising out of his time at Menard. (Case No. 16-414, Doc. 1). The Court severed
the present claim as unrelated on August 29, 2016. (Doc. 1). The Court further reviewed
the Complaint pursuant to § 1915A on October 31, 2016, and determined that Plaintiff
had failed to state a viable claim. (Doc. 6). Plaintiff also was granted leave to amend at
that time. (Doc. 6). Plaintiff was warned that failure to file a First Amended Complaint
would result in dismissal and the assessment of a strike. (Doc. 6).
On October 31, 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. 7).
Voluntary withdrawal of his claim is Plaintiff’s right, and, accordingly, this action is
DISMISSED without prejudice. The Court will not assess a strike. 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.

Page 1 of 2

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.). Plaintiff has represented to the
Court that it was his intention to file one suit, and that he was dismayed by the severance
of his claims into multiple suits with multiple filing fees. However, the original
severance order was signed by Judge Staci M. Yandle in Case No. 16-414-SMY. Should
Plaintiff wish to contest that order, he should file a motion with Judge Yandle in that
case. Unless Judge Yandle or an appellate court finds that the case was improperly
severed, the Court will not disturb that ruling in this case and shall consider this case
properly filed and a fee rightly assessed.
IT IS SO ORDERED.
DATED: November 1, 2016

NANCY J. ROSENSTENGEL
United States District Judge

Page 2 of 2