CARUSO v. C/O FUHRMAN

Full title: TIM CARUSO, #B-75626, Plaintiff, v. C/O FUHRMAN and LT. COLLIER, Defendants

Court: United States District Court, S.D. Illinois

Date published: Apr 4, 2011

CIVIL NO. 10-cv-877-JPG (S.D. Ill. Apr. 4, 2011)

Opinion

CIVIL NO. 10-cv-877-JPG.

April 4, 2011

MEMORANDUM AND ORDER

J. 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 (7^th Cir. 1998).

The Clerk's office is directed to close the file.

IT IS SO ORDERED.