Citation Codes Equivalent Citations citation codes Docket Number Civil No. 10-1035 (DSD/XXX). Acts The Public Health And Welfare — Civil Rights — Generally — Civil Action For Deprivation Of Rights Judiciary And Judicial Procedure — Fees And Costs — Procedure — Proceedings In Forma Pauperis See more information ... Smart Summary Please sign up to generate summary. Mark Ehianeta Arhebamen, Plaintiff, v. United States Attorney General, Defendant. ORDER DAVID DOTY, Senior District Judge This matter is before the court upon the pro se motion of plaintiff Mark Ehianeta Arhebamen to dismiss and to waive and refund the filing fee. Arhebamen is a state prisoner who filed this action under 42 U.S.C. § 1983. Arhebamen first moves to dismiss this action. See ECF No. 17. A plaintiff may dismiss an action when, as here, the opposing party has not filed an answer or summary judgment motion. See Fed.R.Civ.P. 41(a). Therefore, this action is dismissed. Arhebamen also moves to waive and refund the filing fee. A prisoner who brings a civil action must pay the full filing fee. See 28 U.S.C. § 1915(b) ("[I]f a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee."); In re Tyler, 110 F.3d 528, 529-30 (8th Cir. 1997) ("[T]he PLRA makes prisoners responsible for their filing fees the moment the prisoner brings a civil action or files an appeal."). Accordingly, IT IS HEREBY ORDERED that the motion to waive and refund filing fees [ECF No. 17] is denied, and this action is dismissed. Arhebamen paid an initial partial filing fee of $19.63 on April 23, 2010. See ECF No. 13. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: January 3, 2011