Tuinstra, Nicholas et al v. Boughton, Gary et al

Filing 8

ORDER that plaintiff Nicholas Tuinstra's motion to voluntarily dismiss his case and for a refund of the filing fee (dkt. # 7 ) 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 9/19/2018. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
NICHOLAS TUINSTRA,
Plaintiff,

ORDER

v.
Case No. 18-cv-282-wmc
GARY BOUGHTON, JOLINDA
WATERMAN, MARK KARTMAN, WEST
and JOHN AND JANE DOES,
Defendants.

Pro se plaintiff Nicholas Tuinstra filed a proposed civil complaint, claiming that
Wisconsin Department of Corrections officials violated his constitutional rights when they
denied his prescription medication on three consecutive occasions. The complaint was
filed on April 19, 2018, and is currently under advisement for screening pursuant to 28
U.S.C. § 1915A. However, Tuinstra now seeks to withdraw the complaint voluntarily and
requests a refund of the portion of the filing fee he paid already. (Dkt. #7.) He explains
that he had a falling out with the fellow inmate he had relied on to file and prepare his
complaint and that he has decided that litigating this lawsuit is “more trouble than its
worth.” (Id.) Additionally, plaintiff requests that the court stop collecting the remainder
of the filing fee still due.
Tuinstra’s motion will be granted because he has provided sufficient justification
for withdrawing his complaint and having his filing fee refunded. Further, since this case
has not yet been screened, dismissing it will not prejudice the defendants.

ORDER
IT IS ORDERED that plaintiff Nicholas Tuinstra’s motion to voluntarily dismiss
his case and for a refund of the filing fee (dkt. #7) is GRANTED. This case is DISMISSED
without prejudice pursuant to Fed. R. Civ. P. 41(a)(1).
Entered this 19th day of September, 2018.
BY THE COURT:
/s/
WILLIAM M. CONLEY
District Judge

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