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Fonua v. Reinsel

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 1, 2010

PELISI FOKETI FONUA, PLAINTIFF,
v.
G. REINSEL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff, a state prisoner proceeding pro se, has requested that this action be dismissed. Pursuant to Fed. R. Civ. P. 41(a), the action is dismissed. In this request, plaintiff also requests that the order granting his request to proceed in forma pauperis and assessing him the filing fee be vacated. Because plaintiff filed this action, he is obligated to pay the filing fee, regardless of whether he voluntarily dismisses the action. 28 U.S.C. §§ 1914(a), 1915(b)(1).

Accordingly, IT IS HEREBY ORDERED that:

1. The Clerk of Court shall close this case;

2. Plaintiff's request to vacate the order granting his request to proceed in forma pauperis is denied.

20100401

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