Opinion
Civ. 21-14258 (PGS) (LHG)
01-24-2022
RANDY KAREEM WASHINGTON, Plaintiff, v. MARCUS O. HICKS, et al., Defendants.
MEMORANDUM & ORDER
PETER G. SHERIDAN, U.S.D.J.
Plaintiff is a state prisoner proceeding pro se with a civil rights complaint filed pursuant to 42 U.S.C. § 1983. On November 8, 2021, this Court granted Plaintiff's application to proceed in forma pauperis. (See ECF 8). To date, however, Plaintiff's complaint has yet to be screened.
In a letter dated November 8, 2021, but received by this Court on November 12, 2021, Plaintiff indicated he no longer wished to proceed with this case, but rather only proceed with a different case Civ. No. 19-12190, that is currently before the Honorable Brian R. Martinotti and Magistrate Judge Cathy L. Waldor. (See ECF 9). Given Plaintiff's letter, and so as to not require Plaintiff's payments pursuant to the grant of his in forma pauperis status in a case he does not wish to proceed with, this Court will vacate the order granting Plaintiff's application to proceed in forma pauperis and re-administratively terminate this case.
To date, no in forma pauperis payments have been received by the Clerk related to this case so no monetary refund to Plaintiff is necessary.
Accordingly, IT IS on this 24th day of January, 2022, ORDERED this Court's November 8, 2021 memorandum and order granting Plaintiff's application to proceed in forma pauperis (ECF 8) is vacated; and it is further
ORDERED that the Clerk shall re-administratively terminate this case; and it is further
ORDERED that the Clerk shall file Plaintiff's November 12, 2021 letter (ECF 9) and this memorandum and order in Civ. No. 19-12190; and it is further
ORDERED that the Clerk shall serve this memorandum and order on Plaintiff by regular U.S. mail.