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Pitts v. Harris

July 5, 2007

KENNETH RAY PITTS ADC #85938 PLAINTIFF
v.
R. HARRIS, ET AL. DEFENDANTS



The opinion of the court was delivered by: James M. Moody United States District Judge

ORDER

Plaintiff's Motion to Dismiss his complaint is granted (#22). Plaintiff's Motion to Stop Payment is denied (#22). A voluntary dismissal of a case does not negate the assessment of a filing fee when a prisoner has been granted in forma pauperis status under the Prison Litigation Reform Act. Cf. Miller v. Lincoln County, 171 F.3d 595 (8th Cir. 1999) (under PLRA, a prisoner must pay the full appellate fee even though his appeal was dismissed as untimely; court refuses to waive or reduce the fee).

The complaint is dismissed without prejudice. All remaining motions and the Magistrate Judge's recommendation are dismissed as moot.

IT IS SO ORDERED THIS 5th day of July, 2007.

20070705

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