Weston, Michael v. Wall, Edward et al

Filing 18

ORDER that plaintiff Michael Weston's motion to voluntarily dismiss his case and for a refund of the filing fee (dkt. # 14 ) is GRANTED. This case is DISMISSED without prejudice pursuant to Fed. R. Civ. P. 41(a)(1). Signed by District Judge William M. Conley on 5/17/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MICHAEL WESTON,
Plaintiff,

ORDER

v.
Case No. 16-cv-141-wmc
EDWARD WALL, ET AL.,
Defendants.

Pro se plaintiff Michael Weston filed a proposed civil complaint claiming that
Wisconsin Department of Corrections officials violated his constitutional rights when they
denied his request to be transferred to a minimum security institution in retaliation for his
outspoken criticism of the DOC. The complaint was filed on March 4, 2016, but has not yet
been screened under 28 U.S.C. § 1915A. Weston has now filed a motion to withdraw the
complaint voluntarily and for a refund of the portion of the filing fee he paid already. (Dkt.
#14.) He explains that the delay in screening the complaint has adversely affected his ability
to proceed because a number of his witnesses have been transferred to different institutions.
Additionally, he states that he is facing severe and costly medical problems and needs the
money he contributed toward the filing fee.
Weston’s motion will be granted. Weston has provided sufficient justification for
withdrawing his complaint and receiving a refund of his filing fee. Further, because this case
has not yet been screened, dismissing the case will not prejudice the defendants.

ORDER
IT IS ORDERED that plaintiff Michael Weston’s motion to voluntarily dismiss his
case and for a refund of the filing fee (dkt. #14) is GRANTED. This case is DISMISSED
without prejudice pursuant to Fed. R. Civ. P. 41(a)(1).
Entered this 17th day of May, 2017.
BY THE COURT:
/s/
WILLIAM M. CONLEY
District Judge

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