Dunlap v. Michigan Department of Corrections

Filing 5

ORDER Summarily Dismissing the 1 Complaint Without Prejudice. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DARNELL DUNLAP,
Plaintiff,

Case No. 18-cv-10342
Hon. Matthew F. Leitman

v.
MICHIGAN DEPARTMENT
OF CORRECTIONS,
Defendant.
_________________________________/
ORDER SUMMARILY DISMISSING THE
COMPLAINT WITHOUT PREJUDICE
This matter came before the Court on plaintiff Darnell Dunlap’s pro se civil
rights complaint. Dunlap is a state prisoner at the Chippewa Correctional Facility
in Kincheloe, Michigan. His complaint seeks an investigation into the conditions
of confinement at the Chippewa Facility. See Compl., ECF #1.
Dunlap filed his Complaint on January 29, 2018, without prepaying the
filing fee or applying for permission to proceed without prepayment of the fees and
costs for this action. On February 1, 2018, the Court ordered Dunlap to prepay the
$350.00 filing fee, plus an administrative fee of $50.00, or to apply in the proper
manner for leave to proceed without prepayment of the fees and costs. See Order
to Correct Deficiency, ECF #2.

On February 26, 2018, the Court received

Dunlap’s response to the Court’s order. See Letter, ECF #4. Although the letter is
somewhat difficult to read, Dunlap appears to be saying that he does not wish to
pursue his complaint against the Michigan Department of Corrections because he
cannot afford to pay the filing fee and does not wish to incur more debt. He also
appears to be saying that he did not receive a fair hearing in his state criminal case
and that he does not want $400 deducted from his prison trust fund account until
reconsideration is granted in his federal habeas corpus case, which was decided by
another judge in this District. See id.
The Court construes Dunlap’s response to the Court’s deficiency order as a
voluntary dismissal. The Court may dismiss an action at the plaintiff’s request “on
terms that the court considers proper,” and the dismissal ordinarily is without
prejudice. Fed. R. Civ. P. 41(a)(2).
At Dunlap’s request, and in the interest of justice, the Court summarily
dismisses the Complaint without prejudice. This case is hereby closed.
IT IS SO ORDERED.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: March 28, 2018

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I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on March 28, 2018, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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