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- ilnd;;1:15-cv-04410_de7 RegisterActionDate "2015-06-11" @default.
- ilnd;;1:15-cv-04410_de7 RegisterActionDescriptionText "ORDER: Plaintiff's letter to the court 5 states that she would like to cancel the case, no longer pursue it, and requests a refund of the partial filing fee and the cessation of monthly deductions from her trust fund account in satisfaction of the full fee. The court construes the letter as amotion to voluntarily dismiss. Fed. R. Civ. P. 41(a). The court grants Plaintiff's request as to dismissal under Rule 41(a) and dismisses this case. The dismissal is without prejudice. Plaintiff is advised that any attempt to reinstate this case must be made within one year or within the remaining period of limitation, whichever is greater. See Nelson v. Napolitano, 657 F.3d 586,590 (7th Cir. 2011) (citing 735 ILCS 5/13-217); Shropshear v. City of Chicago, 275 F.3d 593,596 (7th Cir. 2001) (federal courts look to the forum state's limitations period and its tolling provisions for Bivens and 42 U.S.C. § 1983 actions). The court denies Plaintiff's request for a refund of the partial filing fee and to stop further monthly payments in satisfaction of the fee.Plaintiff is not entitled to a refund of her filing fee. Having brought this action, Plaintiff remains obligated to pay the full filing fee even though the action is being dismissed. See 28 U.S.C. § 1915(b)(1); Sloan v. Lesza, 181 F.3d 857, 859 (7th Cir. 1999). This case is closed. Signed by the Honorable John J. Tharp, Jr on 6/11/2015.Mailed notice(air, ) (Entered: 06/11/2015)" @default.
- ilnd;;1:15-cv-04410_de7 AdministrativeID "6" @default.
- ilnd;;1:15-cv-04410_de7 hasReferenceToOtherEntry ilnd;;1:15-cv-04410_de6 @default.