Simms et al v. Dobson et al

Filing 81

ORDER signed by Magistrate Judge William E Duffin on 11/17/2022. The plaintiff Thadous Levelle Beard, Jr.'s motion to withdraw (ECF No. 69 ) is GRANTED and he is DISMISSED. The plaintiff Noah Hunter is DISMISSED pursuant to his notice of wit hdrawal (ECF No. 71 ). The Clerk of Court's office shall refund Beard's initial partial filing fee of $125.60 and Hunt's initial partial filing fee of $8.50. (cc: all counsel and mailed to pro se party, Milw. County Sheriff, Dennis Brand)(mlm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JESUS M. SIMMS, TOMMY T. BUSH,
MORNINGSTAR THOMAS,
WOODROW STALLINGS, JR.,
DENNISE WHITE, MICHAEL HOWARD,
AARON H. SCOTT, JAVIER MCCANTS,
THADOUS BEARD, DRESHAWN FREEMAN,
MYRIO ROGERS, BRANDON JONES,
JEROD BRUMFIELD, ANTHONY JOHNSON,
CHARLES ROBY, NOAH HUNTER,
CHRISTIAN CARDON, IROQUOIS REGAZZI,
VANN POPE, MARIO PATTILLO, and
CLIFFORD E. BENT,
Plaintiffs,
v.

Case No. 22-CV-697

INSPECTOR DOBSON, et al.,
Defendants.
ORDER
On June 21, 2022, the court issued an order stating that any plaintiffs who
filed a notice of withdrawal could be dismissed from this action without being
assessed the statutory filing fee. (ECF No. 7.) If they wanted to proceed with the case,
they needed to file a motion to proceed without prepayment of the filing fee, along
with a certified trust account statement.
On July 25, 2022, plaintiff Thadous Levelle Beard, Jr. moved to proceed
without prepayment of the filing fee. (ECF No. 39.) On July 27, 22, plaintiff Noah

Case 2:22-cv-00697-WED Filed 11/17/22 Page 1 of 3 Document 81

Hunter also moved to proceed without prepayment of the filing fee. (ECF No. 44.) On
September 7, 2022, the court ordered Beard to pay an initial partial filing fee of
$125.60 and Hunter to pay an initial partial filing fee of $8.50 by October 7, 2022.
(ECF Nos. 63, 64.) On October 5, 2022, Beard and Hunter paid their respective initial
partial filing fees.
However, on September 29, 2022, Beard filed a motion to withdraw from the
case, stating he was unaware of the opportunity to withdraw before a filing fee was
assessed and that he wants to withdraw because some of the allegations in the
complaint were initially unclear to him and he does not agree with them. (ECF No.
69.) On October 6, 2022, after paying the initial partial filing fee, Hunter filed a notice
of withdrawal stating that he does not have the funds to proceed. (ECF No. 71.)
The court will allow both Beard and Hunter to withdraw and will direct the
Court of Clerk to refund their respective initial partial filing fees.
IT IS THEREFORE ORDERED that Beard’s motion to withdraw (ECF No.
69) is GRANTED and he is DISMISSED.
IT IS FURTHER ORDERED that Hunter is DISMISSED pursuant to his
notices of withdrawal (ECF No. 71).
IT IS FURTHER ORDERED that the Clerk of Court’s office refund Beard’s
initial partial filing fee of $125.60 and Hunt’s initial partial filing fee of $8.50.
IT IS FURTHER ORDERED that copies of this order be sent to the
Milwaukee County Sheriff and to Dennis Brand, 821 W. State Street, Room 224,
Milwaukee, WI 53233.
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Dated in Milwaukee, Wisconsin this 17th day of November, 2022.

BY THE COURT

WILLIAM E. DUFFIN
United States Magistrate Judge

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