Adkins v. Washburn et al

Filing 31

ORDER that Plaintiff's 29 Motion to Dismiss is GRANTED to the extent that this action is dismissed without prejudice, but is DENIED to the extent that Plaintiff is still required to pay the filing fee. Signed by Chief Judge Frank D. Whitney on 7/17/2017. (Pro se litigant served by US Mail.) (khm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17-cv-007-FDW
DARRYL BOYD ADKINS,

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Plaintiff,
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vs.
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FNU WASHBURN, et al.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court on the pro se Plaintiff’s “Motion to Dismiss Suit and
Motion that No Filing Fees or Court Fees Be Charged to Plaintiff.” (Doc. No. 29).
The Court will grant Plaintiff’s motion for voluntary dismissal. See FED. R. CIV. P. 41. To
the extent that Plaintiff seeks a refund of the amount of money deducted from his prison trust
account statement to pay his filing fee, or that he incur no filing fee, Plaintiff is still required to
pay the full filing fee even though this action is being dismissed. See McGore v. Wrigglesworth,
114 F.3d 601, 607 (6th Cir. 1997) (“Even a voluntary dismissal of a complaint or an appeal does
not eliminate a prisoner’s obligation to pay the required filing fees.”); 28 U.S.C. § 1915(b)(1)
(stating that “if a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner
shall be required to pay the full amount of a filing fee”).
IT IS THEREFORE ORDERED that:
1.

Plaintiff’s Motion to Dismiss, (Doc. No. 29), is GRANTED to the extent that this
action is dismissed without prejudice, but it is DENIED to the extent that Plaintiff
is still required to pay the filing fee.

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2.

The Clerk is instructed to terminate this action.

Signed: July 17, 2017

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