Opinion
23-10908
03-04-2024
Christopher Bernard Robinson, Plaintiff, v. Michael Bruce Smith, Jr., et al., Defendants.
Mag. Judge David R. Grand
ORDER GRANTING PLAINTIFF'S MOTION TO WAIVE FEES AND COSTS [2] AND PLAINTIFF'S MOTION TO DISMISS WITHOUT PREJUDICE [5]
JUDITH E. LEVY, UNITED STATES DISTRICT JUDGE
On or about April 19, 2023, Plaintiff Christopher Bernard Robinson filed this action against Defendants Michael Bruce Smith, Jr., Allstate, Progressive, Jessica Yates, and Yiganis Bello. (ECF No. 1.) Plaintiff also filed a motion to waive fees and costs, which the Court construes as an application to proceed without prepaying fees or costs. (ECF No. 2.)
This is also referred to as proceeding in forma pauperis.
Federal courts “may authorize the commencement . . . of any suit, action or proceeding . . . without prepayment of fees . . . by a person who submits an affidavit that includes a statement . . . that the person is unable to pay such fees.” 28 U.S.C. § 1915(a)(1). Plaintiff's motion indicates that he is “not currently employed” and “diagnosed as being disabled with serious injuries from an automobile accident.” (ECF No. 2, PageID.51.) He also indicates that he has “no source of income to pay for . . . court filings” and “does not have any income.” (Id. at PageID.51-52.) Given Plaintiff's lack of income and inability to pay the filing fee, the Court finds that Plaintiff satisfies the requirements of 28 U.S.C. § 1915(a)(1). Accordingly, the Court grants Plaintiff's motion to waive fees and costs and permits Plaintiff to proceed in forma pauperis.
On May 11, 2023, Plaintiff filed a motion to dismiss without prejudice. (ECF No. 5.) In the motion, Plaintiff indicates that he would “like to dismiss his civil suit against . . . [D]efendants till a[ ] later date and time without prejudice” because he “made some critical errors in his suit” and would “like to be given a chance to correct those mistakes in a timely ma[nn]er and later refile his suit.” (Id. at PageID.51-52.) The Court construes this motion as a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41. See Fed.R.Civ.P. 41(a)(1)(A)(i) (Subject to . . . any applicable federal statute, the plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.”) Here, Defendants have not yet appeared in this action nor filed an answer or motion for summary judgment. As such, Plaintiff is entitled to voluntary dismissal without prejudice under Rule 41(a)(1)(A)(i).
The Court apologizes for the delay in resolving this motion.
For the reasons set forth above, the Court GRANTS Plaintiff's motion to waive fees and costs (ECF No. 2) and GRANTS Plaintiff's motion to dismiss without prejudice. (ECF No. 5.) Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE.
Additionally, because the complaint contains unredacted personal information in violation of Federal Rule of Civil Procedure 5.2, the Court DIRECTS the Clerk's Office to SEAL Plaintiff's complaint. (ECF No. 1.)
IT IS SO ORDERED.