Opinion
3:22-cv-00194-RRB
08-16-2023
ADAM DREW, Plaintiff, v. ARLANDO HERNANDEZ and A. STRAWTHER, Defendants.
ORDER OF DISMISSAL
RALPH R. BEISTLINE SENIOR UNITED STATES DISTRICT JUDGE
On August 3, 2023, Plaintiff filed a handwritten Notice of Voluntary Dismissal and requested reimbursement of the filing fee.On August 15, 2023, Plaintiff filed a Notice of Voluntary Dismissal on the Court's form (PS09) with a handwritten request for reimbursement of the filing fee.Plaintiff initially filed applications to waive prepayment of the filing fee,then paid the full filing fee.
Docket 13.
Docket 15.
Dockets 2-3.
Docket 1 (Filing fee: $402, receipt number 100019605).
A filing fee is “assessed for the privilege of initiating the matter, without regard to the subsequent disposition.”Plaintiff filed this action, which triggered the obligation to pay a filing fee. As the Court has previously informed Plaintiff, federal law requires that a prisoner may only waive prepayment of the fees associated with civil lawsuits.Even a plaintiff proceeding in forma pauperis would still be obligated to pay the filing fee incrementally until paid in full regardless of the outcome.
Kidwell v. Cisnero, No. 122CV00290JLTSABPC, 2023 WL 3095291, at *1 (E.D. Cal. 2023) (citing Williams v. Roberts, 116 F.3d 1126, 1127 (5th Cir. 1997), as revised (July 23, 1997)).
Docket 11 at 11.
See, e.g., Antonetti v. Foster, No. 3:14-cv-495-JAD-VPC, 2015 WL 6437399, at *3 (D. Nev. Oct. 22, 2015) (“Plaintiff will . . . be required to make monthly payments toward the full filing fee when he has funds available, even though this case is being dismissed.”).
A plaintiff may voluntarily dismiss an action without leave of court at any time before the defendant answers or files a dispositive motion.However, voluntary dismissal does not entitle a litigant to a refund of the filing fee.
See Green v. Bank of America, No. 2:12-cv-02093-GED-CKD PS, 2012 WL 5032414, at *1 (E.D. Cal. Oct. 17, 2012) (denying refund of filing fee after pro se plaintiff voluntarily dismissed complaint under Rule 41 (a)); Grindling v. Martone, Civ. No. 12-00361-LEK/BMK, 2012 WL 4502954, at * 12 (D. Haw. Sept. 28, 2012) (refusing to refund filing fee where pro se prisoner voluntarily dismissed case); Killian v. Panetta, Case No. 12cv828 JLS (DHB), 2013 WL 41138399, at *3 (S.D. Cal. Aug. 13, 2013) (refusing to refund appellate filing fee to pro se plaintiff where Ninth Circuit dismissed appeal before briefing filed).
IT IS THEREFORE ORDERED:
1. This action is DISMISSED.
2. Plaintiff's request for reimbursement of his filing fee is DENIED.