(PC) Ellis v. County of El Dorado ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PETER JON ELLIS, No. 2:19-cv-0518-KJM-EFB P 12 Plaintiff, 13 v. ORDER 14 COUNTY OF EL DORADO, et al., 15 Defendants. 16 17 Plaintiff is a county jail inmate proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On December 2, 2019, the court granted plaintiff’s request for leave to proceed in 19 forma pauperis, obligating him to pay the filing fee in full through monthly payments. ECF No. 20 11; 28 U.S.C. § 1915(b)(1). On September 17, 2020, plaintiff requested that the court dismiss his 21 case and to “withdraw [his] application to proceed in forma pauperis . . . .” ECF Nos. 21 & 22. 22 The court construes plaintiff’s request to voluntarily dismiss his case as conditioned upon a 23 refund of the filing fee. So construed, plaintiff’s requests must be denied. 24 If plaintiff no longer wishes to pursue this action, he may voluntarily dismiss it without 25 prejudice by filing a notice of dismissal in accordance with Rule 41(a)(1)(A) of the Federal Rules 26 of Civil Procedure. Even if plaintiff chooses to voluntarily dismiss this action, he remains 27 obligated to pay the entire filing fee “in increments,” Williams v. Paramo, 775 F.3d 1182, 1185 28 (9th Cir. 2015); see also 28 U.S.C. § 1915(b)(1) & (2); Taylor v. Delatoore, 281 F.3d 844, 847 2 LUV VEY LOUING VIE MUO eo PIR ete YY eT 1 | (th Cir. 2002) (‘Under the PLRA, all prisoners who file IFP civil actions must pay the full 2 || amount of the filing fee.”’). 3 Accordingly, IT IS HEREBY ORDERED that plaintiffs September 17, 2020 requests 4 | (ECF Nos. 21 & 22) are DENIED. If plaintiff no longer wishes to pursue this action, he may 5 || voluntarily dismiss it without prejudice by filing a notice of dismissal in accordance with Rule 6 | 41(a)(1)(A) of the Federal Rules of Civil Procedure. 7 | DATED: September 21, 2020. 8 tid, PDEA 9 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28