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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DAMEIN DION SPRUIELL,

Plaintiff,

v.

JOHN DOES 1-4,

Defendants.

Case No. 17-cv-00427-DMR (PR)

ORDER ACKNOWLEDGING 

PLAINTIFF’S VOLUNTARY 

DISMISSAL OF THIS ACTION; 

AND DENYING HIS REQUEST 

TO WAIVE FILING FEE

Plaintiff Damein Dion Spruiell, a state prisoner, filed a pro se civil rights action pursuant 

to 42 U.S.C. § 1983 stemming from his incarceration at Pelican Bay State Prison (“PBSP”). 

Plaintiff has consented to magistrate judge jurisdiction, and this matter has been assigned to the 

undersigned Magistrate Judge. Dkt. 3.

In a letter filed on August 1, 2017, Plaintiff states that he seeks “voluntary withdraw[al]” 

of the instant action. Dkt. 10 at 1. He also requests that the court waive “any filing fees.” Id.

A plaintiff has the absolute right to dismiss his or her action by filing a notice of dismissal 

“at any time before service by the adverse party of an answer or of a motion for summary 

judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). Said dismissal may be with or without prejudice, but 

unless plaintiff’s notice of dismissal states otherwise, it is deemed to be “without prejudice.” See

Fed. R. Civ. P. 41(a)(1); Humphreys v. United States, 272 F.2d 411, 412 (9th Cir. 1959). No court 

order is required. Plaintiff’s notice of dismissal is effective by itself to terminate the action: “[A]n 

action may be dismissed by the plaintiff without order of the court . . . by filing a notice of 

dismissal.” Fed. R. Civ. P. 41(a)(1); see also Hamilton v. Shearson-Lehman American Exp. Inc., 

813 F.2d 1532, 1534-36 (9th Cir. 1987) (rule 41(a)(1)(A)(i) does not require leave of court to 

dismiss the action).
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United States District Court

Northern District of California

Plaintiff’s request for voluntary dismissal was filed before service by the adverse party of 

an answer. Therefore, the court finds that Plaintiff has the absolute right to dismiss his action 

voluntarily. See Fed. R. Civ. P. 41(a)(1)(A)(i). Based on Plaintiff’s request for voluntary 

dismissal, the court acknowledges that this action is DISMISSED without prejudice. See id.

As mentioned above, Plaintiff also requests that the court waive all filing fees. Dkt. 10 at 

1. Ordinarily, a petitioner/plaintiff is permitted to file a civil action in federal court without 

prepayment of fees or security if he makes affidavit that he is unable to pay such fees or give 

security therefor. See 28 U.S.C. § 1915(a). The filing fee for a civil rights action is $400.00 (i.e., 

the $350.00 filing fee plus the $50.00 administrative fee). On July 19, 2017, the court denied 

Plaintiff’s application to proceed in forma pauperis because his trust account documents revealed 

that he had more than adequate funds to pay the filing fee. Dkt. 8. Plaintiff was instructed that

that the fee shall be paid within twenty-eight days of its July 19, 2017 Order. Id. To date, 

Plaintiff has not paid the full filing fee. Instead, he now requests that the court waive the filing 

fee. Plaintiff’s request is DENIED on the ground that the court has no authority to waive the filing 

fee. Notwithstanding the voluntary dismissal of this action, the court’s Finance Department may 

still collect the $400.00 filing fee from Plaintiff, which is due on August 16, 2017.

The Clerk of the Court shall close the file and terminate all pending motions. 

IT IS SO ORDERED.

Dated: August 11, 2017

______________________________________

DONNA M. RYU

United States Magistrate Judge
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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DAMEIN DION SPRUIELL,

Plaintiff,

v.

JOHN DOE,

Defendant.

Case No. 4:17-cv-00427-DMR 

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 

District Court, Northern District of California.

That on August 11, 2017, I SERVED a true and correct copy(ies) of the attached, by 

placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by 

depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery 

receptacle located in the Clerk's office.

Damein Dion Spruiell ID: T-70693

Pelican Bay State Prison

P.O. Box 7500

Crescent City, CA 95531 

Dated: August 11, 2017

Susan Y. Soong

Clerk, United States District Court

By:________________________

Ivy Lerma Garcia, Deputy Clerk to the 

Honorable DONNA M. RYU