Odom v. Losser et al

Filing 7

MEMORANDUM AND ORDER by Senior Judge Thomas B. Russell on 4/18/2013; an appropriate order shall issuecc:counsel (KJA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT PADUCAH

GLENN D. ODOM, II

PLAINTIFF

v.

CIVIL ACTION NO. 5:12CV-P173-R

HEATHER LOSSER et al.

DEFENDANTS

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff Glenn D. Odom, II’s pro se motion to
voluntarily dismiss this action (DN 6).
Under Rule 41(a) of the Federal Rules of Civil Procedure, a plaintiff may voluntarily
dismiss an action by filing “a notice of dismissal before the opposing party serves either an
answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). No answer or
motion for summary judgment having been filed by Defendants,
IT IS ORDERED that the motion to dismiss (DN 6) is GRANTED. The Court will
dismiss this action by separate Order.
Dismissal of this action, however, does not relieve Plaintiff of his responsibility to pay
the entire filing fee. Under the Prison Litigation Reform Act (“PLRA”), the obligation to pay the
filing fee attaches when a prisoner “brings a civil action.” 28 U.S.C. § 1915(b)(1) (“[I]f a
prisoner brings a civil action . . . in forma pauperis, the prisoner shall be required to pay the full
amount of a filing fee.”). “[T]he subsequent dismissal of the action, even if voluntary, does not
negate that obligation.” In re Alea, 286 F.3d 378, 381 (6th Cir. 2002) (citing McGore v.
Wrigglesworth, 114 F.3d 601, 607 (6th Cir. 1997)).

Accordingly, the Court’s prior Order entered November 20, 2012 (DN 5), requiring
Plaintiff to pay the entire $350.00 filing fee in installments, shall remain in full force and effect.
Date:

April 18, 2013

cc:

Plaintiff, pro se
General Counsel, Justice & Public Safety Cabinet, Office of Legal Counsel
4413.005

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