IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
May 21, 2012
FREDDIE FALCONER, INMATE # B64044, PLAINTIFF,
MD FE FUENTES, ET AL, DEFENDANTS.
The opinion of the court was delivered by: Murphy, District Judge:
MEMORANDUM AND ORDER
On May 16, 2012, Plaintiff filed a motion to voluntarily dismiss this entire action (Doc. 37). Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, voluntary withdrawal of his claim is Plaintiff's right, and, accordingly, this action is DISMISSED WITHOUT PREJUDICE. 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 IFP. ). The Clerk is DIRECTED to CLOSE this CASE.
IT IS SO ORDERED.
G. PATRICK MURPHY United States District Judge
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