Free Order - District Court of Delaware - Delaware


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Date: May 31, 2005
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State: Delaware
Category: District Court of Delaware
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Case 1:04-cv-01500-JJF Document 24 Filed 05/31/2005 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAVID MAYFIELD, )
Plaintiff, g
v. g Civ. No. 04-l500-JJF
THOMAS CARROLL, FIRST g
CORRECTIONAL MEDICAL, and )
DR. ALI, )
Defendants. g
ORDER
WHEREAS, plaintiff, David Mayfield, SBI # 260768, is a
prisoner incarcerated at the Howard R. Young Correctional
Institution in Wilmington, Delaware, and on December 6, 2004,
plaintiff filed a complaint under 42 U.S.C. § 1983:
WHEREAS, on December l7, 2004, this Court granted the
plaintiff leave to proceed in fgrmg pauperis, assessed $29.74 as
an initial partial filing fee, and ordered the plaintiff to file
an authorization form within thirty (30) days from the date the
order was sent or the case would be dismissed without prejudice
(D.I. 6);
WHEREAS, on February 7, 2005, this Court dismissed the
complaint without prejudice because the plaintiff failed to file
the required documents (D.I. ld);
WHEREAS, on April 18, 2005, this Court granted the

Case 1:04-cv-01500-JJF Document 24 Filed 05/31/2005 Page20f2
plaintiff’s motion for reconsideration, reassessed the $29.74
initial partial filing fee, and ordered the plaintiff to file the
authorization form within thirty days, or the complaint would be
dismissed (D.I. 22):
WHEREAS, on May 13, 2005, the plaintiff filed a motion
to voluntarily dismiss his complaint pursuant to Ped. R. Civ. P.
4l(a) (D.I. 23);
THEREFORE, at Wilmington this day of gy gig ,
2005, IT IS ORDERED that the plaintiff's motion is GRANTED. The
p1aintiff’s complaint shall be DISMISSED WITHOUT PREJUDICE.
Plaintiff is not required to pay any previously assessed fees or
the $150.00 filing fee.
I
4 . A ’ mn- al
U s us oisuict Jud
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