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Ricardo Velasco v. John Doe Warden

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


February 28, 2012

RICARDO VELASCO, PLAINTIFF,
v.
JOHN DOE WARDEN, ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

On February 21, 2012, Plaintiff filed a letter with this Court seeking to give notice of his voluntary dismissal of the action pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure (Doc. 9). The Court construes this letter as a motion to voluntarily dismiss the case. Plaintiff also requested information on the applicable statute of limitations to re-file his action.

Voluntary withdrawal of his claim is Plaintiff's right. Accordingly, the motion (Doc. 9) is GRANTED and this action is DISMISSED WITHOUT PREJUDICE.

Plaintiff is advised that in an action filed pursuant to 42 U.S.C. § 1983, courts look to the personal injury laws of the state where the injury occurred to determine the statute of limitations. Wallace v. Kato, 549 U.S. 384, 387 (2007). Illinois law provides a two-year statute of limitations for personal injury actions. 735 ILL. COMP. STAT. 5/13-202. Therefore, § 1983 claims arising in Illinois are governed by a two-year statute of limitations. See Kelly v. City of Chicago, 4 F.3d 509, 511 (7th Cir. 1993); Wilson v. Giesen, 956 F.2d 738, 741 (7th Cir. 1992). Federal law, however, governs the accrual of such claims. Kelly, 4 F.3d at 511. A § 1983 claim accrues when "a plaintiff knows or should know that his or her constitutional rights have been violated." Id.

Plaintiff is INSTRUCTED that, though he has dismissed his claim, he must still pay the filing fee for this case. See 28 U.S.C. § 1915(b)(1), (e)(2); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998) (a prisoner incurs the obligation to pay the filing fee for a lawsuit when the suit is filed, and the obligation continues regardless of later developments in the suit, such as dismissal of the suit or denial of leave to proceed in forma pauperis).

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge

20120228

© 1992-2012 VersusLaw Inc.



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