Porter, Brandon v. Dittman, M. et al, No. 3:2020cv01061 - Document 8 (W.D. Wis. 2022)

Court Description: OPINION AND ORDER granting 7 Motion to Voluntarily Dismiss Case. This case is DISMISSED without prejudice under Fed. R. Civ. P. 41(a)(1). The clerk of court is directed to return the paid portion of the filing fee to Porter. Signed by District Judge William M. Conley on 10/5/2022. (voc),(ps)

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Porter, Brandon v. Dittman, M. et al Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN BRANDON L. PORTER, Plaintiff, OPINION AND ORDER v. 20-cv-1061-wmc WARDEN MR. M. DITTMAN, SEC. DIR. MR. WEBER, MS. S. BERNDT, LT. MR. BEUTTNER, SGT. MR. TULLY, MS. SCHMIDTKNECHT, and LT. MR. JULSON, Defendants. Pro se plaintiff Brandon L. Porter filed this lawsuit alleging that he was placed in segregation based on a false conduct report. (Dkt. #1.) The complaint is currently under advisement for screening as required by 28 U.S.C. § 1915A. Porter now asks to withdraw his complaint voluntarily and for a refund of the paid portion of the filing fee, explaining that he has settled another lawsuit and wants to dismiss this one. (Dkt. #7.) The court will grant Porter’s request. This case has not yet been screened, so dismissing it now will not prejudice the defendants. ORDER IT IS ORDERED that plaintiff Brandon L. Porter’s motion to voluntarily dismiss his case and for a refund of the filing fee (dkt. #7) is GRANTED. This case is DISMISSED without prejudice under Fed. R. Civ. P. 41(a)(1). The clerk of court is directed to return the paid portion of the filing fee to Porter. Entered this 5th day of October, 2022. BY THE COURT: /s/ __________________________________ WILLIAM M. CONLEY District Judge Dockets.Justia.com

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