(PC) Ellis v. County of El Dorado

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PETER JON ELLIS, No. 2:19-cv-0518-KJM-EFB P Plaintiff, v. ORDER COUNTY OF EL DORADO, et al., Defendants. 16 Plaintiff is a county jail inmate proceeding without counsel in an action brought under 42 U.S.C. § 1983. On December 2, 2019, the court granted plaintiff’s request for leave to proceed in forma pauperis, obligating him to pay the filing fee in full through monthly payments. ECF No. 11; 28 U.S.C. § 1915(b)(1). On September 17, 2020, plaintiff requested that the court dismiss his case and to “withdraw [his] application to proceed in forma pauperis . . . .” ECF Nos. 21 & 22. The court construes plaintiff’s request to voluntarily dismiss his case as conditioned upon a refund of the filing fee. So construed, plaintiff’s requests must be 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)…