Meeks v. Hammond et al

Filing 12

ORDER granting 10 Motion to Dismiss. Plaintiff's request to not be charged the filing fee is denied. Signed by Judge Sam E Haddon on 5/13/2013. Mailed to Meeks. (TAG, )

FILED
IN THE UNITED STATES DISTRICT COURT

MAY 13 2013

FOR THE DISTRICT OF MONTANA

BILLINGS DIVISION

JOHN MORGAN MEEKS,

Cause No. CV 13-16-BLG-SEH

Plaintiff,
ORDER

vs.
ROBIN HAMMOND, et aI.,
Defendant.
On May 7, 2013, Plaintiff John Morgan Meeks filed what has been
construed as a Motion to Dismiss pursuant to Rule 41 of the Federal Rules of Civil
Procedure: In the motion, Plaintiff also asked that he not be charged the filing
fee.
As this matter has not been served upon Defendants and there has been no
responsive pleading by Defendants, Plaintiff may dismiss this action without a
court order. Fed.R.Civ.P. 41(a)(1 )(A). The motion to dismiss will be granted.
However, Plaintiff is still required to paid the filing fee. Plaintiff was provided
forms for filing a motion to proceed in forma pauperis on February 20, 2013 and

'Document 10.

March 7, 2013. 2 Those forms both explain that if the motion to proceed in forma
pauperis is granted the plaintiff would be required to pay the full filing fee in
installments. 28 U.S.C. § 1915 requires that a prisoner who brings a civil action in
forma pauperis, pay the full amount of the filing fee.
As Plaintiffwas granted leave to proceed in forma pauperis, he must be
charged the filing fee.
Accordingly, IT IS HEREBY ORDERED:
Plaintiffs Motion to Dismiss is granted. This matter shall be closed.

Pla;ntiff', requ,,' to ;~Iuu-g'd th, fiHog roo;, don;,d.
DATED this'

day of May, 2013.

United States District Judge

'Documents 4, 6.
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