Hill, Charles v. Douma, Tim et al

Filing 8

ORDER granting plaintiff's Charles E. Hill's 7 Motion to Voluntarily Dismiss; denying Hill's request for a refund of the filing fee. The complaint is DISMISSED without prejudice pursuant to Fed. R. Civ.P 4l(a). Signed by District Judge William M. Conley on 9/17/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
CHARLES E. HILL,
Plaintiff,

ORDER
l 4-cv-488-wmc

v.

TIM DOUMA, et al.,
Defendants.

State inmate Charles E. Hill filed a proposed civil action under 42 U.S.C. § 1983,
alleging that he was denied medical care while incarcerated at the New Lisbon
Correctional Institution. Hill was granted leave to proceed in forma pauperis and he paid
an initial partial filing fee as required by the Prison Litigation Reform Act, 28 U.S.C.
§ l 915(b). Hill has now filed a motion to withdraw his complaint. He also requests a

refund of his initial partial filing fee.
The court construes Hill's motion as a request for voluntary dismissal pursuant to
Fed. R. Civ. P. 4l(a)(l)(A), which allows dismissal upon the plaintiffs request before the
opposing party serves either an answer or a motion for summary judgment. Because no
responsive pleading has been requested or received in this case, the motion will be
granted and the case will be dismissed without prejudice. See Smith v. Potter, 513 F.3d
781, 782-83 (7th Cir. 2008) (observing that a plaintiffs motion for voluntary dismissal
filed before the opposing party serves either an answer or dispositive motion
automatically effects dismissal of the case); see also Nelson v. Napolitano, 657 F.3d 586,

587-88 (7th Cir. 2011) (discussing the effect of a voluntary dismissal under Rule 4l(a))
(collecting cases). Because the full amount of the filing fee was due when his complaint
was filed, however, the court must deny Hill's request for a refund of his initial partial
filing fee.

ORDER
IT IS ORDERED that:
I. The motion for voluntary dismissal filed by plaintiff Charles E. Hill (Dkt.
#7) is GRANTED; Hill's request for a refund of the filing fee is DENIED.
2. The complaint is DISMISSED without prejudice pursuant
P 4l(a).
Entered this 17th day of September, 2013.

BY THE COURT:

Isl
WILLIAM M. CONLEY
District Judge

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Fed. R. Civ.