IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
April 4, 2011
C/O FUHRMAN AND LT. COLLIER, DEFENDANTS.
The opinion of the court was delivered by: J. Phil Gilbert United States District Judge
MEMORANDUM AND ORDER GILBERT, District Judge:
This matter is before the Court on Plaintiff's Motion to Voluntarily Dismiss (Doc. 17). Voluntary withdrawal of his claim is Plaintiff's right; accordingly, Plaintiff's motion is GRANTED. This action is DISMISSED WITHOUT PREJUDICE.
Plaintiff's obligation to pay the filing fee for this action was incurred at the time the action was filed, thus the filing fee of $350 remains due and payable. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).
The Clerk's office is directed to close the file. IT IS SO ORDERED.
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