Rackley

(PC) Davis v. Rackley

Good Law
United States District Court, Eastern District of CaliforniaMarch 10, 20202:18-cv-00090California305 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBBIE DAVIS, No. 2:18-cv-0090-TLN-EFB P Plaintiff, v. ORDER R. RACKLEY, Warden, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Once again, he has requested that he be permitted to voluntarily dismiss this action on the condition that the filing fee be refunded to him. ECF No. 24; see also ECF Nos. 12 & 13. Plaintiff’s request is denied. If plaintiff no longer wishes to pursue this action, he may voluntarily dismiss it without prejudice by filing a notice of dismissal in accordance with Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure. Even if plaintiff chooses to voluntarily dismiss this action, he remains obligated to pay the entire filing fee “in increments.” Williams v. Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015); see also 28 U.S.C. § 1915(b)(1) & (2); Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2002) (“Under the…

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