Opinion
CV421-251
01-03-2022
CHARLES A. WILLIS, Plaintiff, v. SHERIFF, and SOUTHERN MEDICAL CORP, Defendants.
ORDER
Christopher L. Ray, United States Magistrate Judge
Plaintiff Charles A. Willis moves to dismiss his case without prejudice pursuant to Federal Rule of Civil Procedure 41. Doc. 14. The Court construes his filing as the notice of dismissal contemplated by Rule 41(a)(1)(A)(i). No. defendant has filed an answer or a motion for summary judgment. See generally docket. The Court therefore finds that dismissal is appropriate. Plaintiff's claims are DISMISSED, without prejudice. The Clerk is directed to TERMINATE all pending motions, docs. 3, 9 & 10, and deadlines and CLOSE this case.
Plaintiff consented to plenary disposition of this case by the undersigned United States magistrate judge. See doc. 6; see also 28 U.S.C. § 636(c).
Meanwhile, it is time for plaintiff to pay his filing fee. PLRA mandates that “the court shall assess and, when funds exist, collect” a partial filing fee for those prisoners who cannot pay the entire fee at one time. 28 U.S.C. § 1915(b)(1). “[T]his is true even if they voluntarily dismiss their cases.” Copley v. Henderson, 980 F.Supp. 322, 323 (D. Neb. 1997). Plaintiffs prisoner trust fund account statement reflects $0 in average monthly deposits. Doc. 12 at 1. Based upon his furnished information, he owes a $0 initial partial filing fee. See 28 U.S.C. § 1915(b)(1) (requiring an initial fee assessment “when funds exist”). His custodian shall set aside 20 percent of all future deposits to the account, then forward those funds to the Clerk each time the set aside amount reaches $10, until the balance of the Court's $350 filing fee has been paid in full.
The Clerk is DIRECTED to send this Order to plaintiff's account custodian. In the event he is transferred to another institution, his present custodian shall forward a copy of this Order and all financial information concerning payment of the filing fee and costs in this case to plaintiff's new custodian.
SO ORDERED.