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White v. Justus

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 8, 2006

YANCEY LAMARR WHITE, PLAINTIFF,
v.
MEARL J. JUSTUS, DEFENDANT.

The opinion of the court was delivered by: Gilbert, District Judge

MEMORANDUM AND ORDER

On April 20, 2006, Plaintiff moved this Court for voluntary dismissal of the action pursuant to Rule 41(a)(1)(i) of the Federal Rules of Civil Procedure (Doc. 5). Included in this motion is a request for return of any portion of the filing fee he has already paid in this action, "if permissible." "[T]he filing of a complaint (or appeal) is the act that creates the obligation to pay fees," and filing fees must be paid even when a case is dismissed under Section 1915A. Hains v. Washington, 131 F.3d 1248, 1250 (7th Cir. 1997). Consequently, the request for return of his filing fee is DENIED. However, voluntary withdrawal of his complaint is Plaintiff's right, and, accordingly, this action is DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.

J. Phil Gilbert U. S. District Judge

20060508

© 1992-2006 VersusLaw Inc.



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