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- ilnd;;1:17-cv-04715_de7 RegisterActionDate "2017-07-20" @default.
- ilnd;;1:17-cv-04715_de7 RegisterActionDescriptionText "ORDER: Plaintiff's letter 8 in which he seeks to withdraw his action is construed as a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). Fed. R. Civ. P. 41(a)(1)(A) (stating that, generally, the plaintiff may dismiss an action without court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment...); Smith v. Potter, 513 F.3d 781, 782-83 (7th Cir. 2008) (finding that motion that was [i]n substance a Rule 41(a)(1)(A) notice of dismissal effected dismissal of the suit); Scam Instrument Corp. v. Control Data Corp., 458 F.2d 885, 888 (7th Cir. 1972) (voluntarily dismissal under Rule 41(a)(1) [now Rule 41(a)(1)(A)] automatically terminates the action upon filing). Defendants have not filed their answer or a motion for summary judgment. Accordingly, the Clerk is directed to close this case. Any pending motions are terminated. Although Plaintiff has not been granted leave to proceed in forma pauperis and this case is dismissed, he must still pay the filing fee for having filed it. The Clerk is directed to send a copy of this order to the trust fund officer at the Vandalia Correctional Center. The Court waives the initial payment and orders Plaintiff to pay (and the facility having custody of him to automatically remit) to the Clerk of Court twenty percent of the money he receives for each calendar month during which he receives $10.00 or more, until the $400 filing fee is paid in full. The Court directs the Clerk of Court to ensure that a copy of this order is mailed to each facility where Plaintiff is housed until the filing fee has been paid in full. All payments shall be sent to the Clerk of Court, United States District Court, 219 South Dearborn Street, Chicago, Illinois 60604, attn: Cashier's Desk, 20th Floor, and shall clearly identify Plaintiffs name and the case number assigned to this case. Signed by the Honorable Sharon Johnson Coleman on 7/20/2017. Mailed notice (mma, ) (Entered: 07/20/2017)" @default.
- ilnd;;1:17-cv-04715_de7 AdministrativeID "9" @default.
- ilnd;;1:17-cv-04715_de7 hasReferenceToOtherEntry ilnd;;1:17-cv-04715_de6 @default.