Plebst v. Frink et al

Filing 8

ORDER re 7 Notice of Voluntary Dismissal filed by Robert Glen Plebst. Plaintiff's Request to not be charged the filing fee is denied. Signed by Judge Sam E Haddon on 5/29/2012. Mailed to Plebst. (TAG, )

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

GREAT FALLS DIVISION

ROBERT GLEN PLEBST,

Cause No. CV 12-00019-GF-SEH

Plaintiff,
vs.

ORDER

DR. TODD GIANARELLI; P.A.
CHRlSTISFOR ROST; WARDEN
FRINK; LIZ RANTZ, DOC Medial
Director; and MS. SHNEE, Shelby
Medical Director,
Defendants.
On May 25, 2012, Plaintiff Robert Plebst filed a "Motion to Withdraw
Medical Claim" which has been construed as a Notice of Voluntary Dismissal
pursuant to Rule 41(a)(1)(A).1 This notice was accepted by the Clerk of Court and
the matter has been closed. However, in the motion, Plaintiff asked that he not be
charged the filing fee.

'Document 7.

In the Complaint fonn, Plaintiff was advised that ifhis motion to proceed in
fonna pauperis were to be granted he would be required to pay the full filing fee in
installments. 2 28 U.S.C. § 1915 requires that a prisoner who brings a civil action
in fonna pauperis, pay the full amount of the filing fee.
As Plaintiff was granted leave to proceed in fonna pauperis, he must be

charged the filing fee.
Accordingly, IT IS HEREBY ORDERED:
Plaintiffs Request;J;,0t be charged the filing fee is denied.
DATED this..a.!J:!:. day of May, 2012.

United States District Judge

'Document 2, p. 2, ~ 4.