Opinion
Case No. 1:06-CV-5.
February 21, 2006
ORDER OF DISMISSAL
This matter is before the Court on Plaintiff's Motion to Dismiss Complaint. Plaintiff initiated this action on January 3, 2006, and requested that he be permitted to proceed as a pauper in this matter. The Court granted Plaintiff's request to proceed as a pauper, but also informed him that "[a]ny subsequent dismissal of plaintiff's case, even if voluntarily, does not negate plaintiff's responsibility to pay the [filing] fee." Asserting that the issues referenced in his Complaint have since been resolved, Plaintiff now moves to dismiss his Complaint and, furthermore, to "have the Federal Filing Fee . . . lifted."
The Court will grant Plaintiff's request to dismiss his Complaint. However, as the Court previously stated, Plaintiff is responsible for paying the entire filing fee in this matter.
THEREFORE, IT IS HEREBY ORDERED THAT Plaintiff's Motion to Dismiss Complaint is GRANTED IN PART AND DENIED IN PART. Plaintiff's Complaint (Dkt. No. 1) is DISMISSED. However, Plaintiff remains liable for payment of the civil action filing fee in the amount of $250.00, with a balance owing of $219.67.