Jenkins v. Southern Health Partners, No. 3:2019cv00124 - Document 9 (E.D. Tenn. 2019)

Court Description: MEMORANDUM OPINION. Signed by District Judge Thomas A Varlan on 6/17/19. (copy mailed to Guy Jenkins, III at Blount County) (JBR)

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Jenkins v. Southern Health Partners Doc. 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE GUY R. JENKINS III, Plaintiff, v. SOUTHERN HEALTH PARTNERS, Defendant. ) ) ) ) ) ) ) ) ) No.: 3:19-CV-124-TAV-DCP MEMORANDUM OPINION This is a pro se prisoner’s complaint for violation of civil rights filed under 42 U.S.C. § 1983. Now before the Court is Plaintiff’s motion to withdraw his complaint [Doc. 8], because “[D]efendants [sic] are working to fix the things discussed with[]in the complaint” [Id. at 1]. He requests that the Court no longer require him to pay the filing fee [Id.]. 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. Fed. R. App. 24. Dockets.Justia.com Therefore, Petitioner will be DENIED leave to proceed in forma pauperis on appeal, should he file for one. Fed. R. App. P. 24. AN APPROPRIATE ORDER WILL ENTER. s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE 2

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