Tindall v. Lashbrook et al

Filing 20

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 for this case. Signed by Chief Judge Michael J. Reagan on 2/24/2017. (tjk)

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

RICHARD TINDALL,
Plaintiff,
vs.
JACQUELINE LASHBROOK,
MICHAEL SCOTT,
DEBBIE HAYES, and
CHRIS SMITH

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CIVIL NO. 16-cv-1208-MJR

Defendants.

MEMORANDUM AND ORDER
REAGAN, Chief District Judge:
Plaintiff originally filed suit on November 2, 2016, alleging deliberate indifference to his
mental health needs arising out of his time at Pickneyville Correctional Center. (Doc. 1).
However, the Complaint did not associate specific claims with specific defendants and was
dismissed without prejudice on December 15, 2016. (Doc. 15). Plaintiff was given leave to
amend. (Doc. 15). Plaintiff filed the First Amended Complaint on December 22, 2016, adding
some defendants. (Doc. 17). To date, the First Amended Complaint has not been screened
pursuant to § 1915A.
On February 23, 2017, 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. 19). 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. 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.). Motion GRANTED. (Doc. 19).
IT IS SO ORDERED.
DATED: February 24, 2017

s/ MICHAEL J. REAGAN
MICHAEL J. REAGAN
UNITED STATES CHIEF DISTRICT JUDGE