Jenkins v. Berrong et al, No. 3:2019cv00123 - Document 9 (E.D. Tenn. 2019)
Court Description: MEMORANDUM AND OPINION as set forth in following order. Signed by District Judge Pamela L Reeves on 7/8/19. (c/m to Guy R Jenkins, III BLOUNT COUNTY DETENTION CENTER, 920 E LAMAR ALEXANDER PARKWAY, MARYVILLE, TN 37804)(ABF)
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Jenkins v. Berrong et al Doc. 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE GUY R. JENKINS, III, ) ) ) ) ) ) ) ) ) Plaintiff, v. JIM BERRONG, et al., Defendants. No.: 3:19-CV-123-PLR-DCP MEMORANDUM OPINION This is a pro se prisoner’s complaint for violation of civil rights filed pursuant to 42 U.S.C. § 1983. Now before the Court is Plaintiff’s motion to withdraw his complaint [Doc. 8] in which Plaintiff states that he wishes to withdraw his complaint because “[D]efendants [sic] are working to fix the things discussed with[]in the complaint” and requests that the Court no longer require him to pay the filing fee [Id. at 1]. For good cause shown therein, this motion [Id.] will be GRANTED to the extent that this action will be DISMISSED. As to Plaintiff’s request that the Court waive the filing fee due to this dismissal, however, “[p]risoners are no longer entitled to a waiver of fees and costs” and “a voluntary dismissal of a complaint or an appeal does not eliminate a prisoner’s obligation to pay the required filing fees.” McGore v. Wrigglesworth, 114 F.3d 601, 604, 607 (6th Cir. 1997) overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007). Accordingly, this request will be DENIED. Also, the Court CERTIFIES that any appeal from this order would not be taken in good faith. AN APPROPRIATE ORDER WILL ENTER. ENTER: UNITED NITED ST STATES TATES S DI DISTRICT ISTRICT JUDGE JUDGE E Dockets.Justia.com
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