Frank v. State of Oregon et al

Filing 10

ORDER TO DISMISS: Plaintiff's Motion to Dismiss (# 9 ) is granted to the extent that the Court dismisses this case without prejudice. The Motion is denied insofar it asks the Court to refund the statutory filing fee. Signed on 6/26/2018 by Judge Robert E. Jones. (joha)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
ALLEN FRANK,
Case No. 3:18-cv-00428-JO
Plaintiff,
ORDER TO DISMISS

v.
STATE OF OREGON, et al.,
Defendants.
JONES, District Judge.
Plaintiff moves to voluntarily dismiss this prisoner civil
rights

case without prejudice.

The Court

grants the Motion to

Dismiss (#9).
In his Motion to Dismiss,
refund

him

the

$350.00

Plaintiff also asks the Court to

filing

fee

he

paid

upon

filing

this

action on March 12, 2018. The Court denies this request, as the
filing

fee

is

a

statutory

mandated by 28 U.S.C.

§

prerequisite

1914(a).

1 - ORDER TO DISMISS

to

filing

the

case

CONCLUSION

Plaintiff's Motion to Dismiss

(#9)

is granted to the extent

that the Court dismisses this case without prejudice. The Motion
is

denied

insofar

it

asks

the

Court

to

refund

the

statutory

filing fee.
IT IS SO ORDERED.
DATED this

'J.6~

day of June, 2018.

Judge

2 - ORDER TO DISMISS