Drew v. Hernandez

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA ADAM DREW, Plaintiff, v. Case No. 3:22-cv-00194-RRB ARLANDO HERNANDEZ and A. STRAWTHER, Defendants.

ORDER OF DISMISSAL On August 3, 2023, Plaintiff filed a handwritten Notice of Voluntary Dismissal and requested reimbursement of the filing fee.1 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.2 Plaintiff initially filed applications to waive prepayment of the filing fee,3 then paid the full filing fee.4 A filing fee is “assessed for the privilege of initiating the matter, without regard to the subsequent disposition.”5 Plaintiff filed this action, which triggered the obligation to pay a filing fee. As the Court has previously informed Plaintiff, Docket 13.

2 Docket 15.

3 Dockets 2–3.

4 Docket 1 (Filing fee: $402, receipt number 100019605).

5 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)). federal law requires that a prisoner may only waive prepayment of the fees associated with civil lawsuits.6 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.7 A plaintiff may voluntarily dismiss an action without leave of court at any time before the defendant answers or files a dispositive motion.8 However, voluntary dismissal does not entitle a litigant to a refund of the filing fee.9 IT IS THEREFORE ORDERED: 1. This action is DISMISSED.

2. Plaintiff's request for reimbursement of his filing fee is DENIED.

DATED this 16th day of August, 2023, at Anchorage, Alaska.

/s/ Ralph R. Beistline RALPH R. BEISTLINE Senior United States District Judge

6 Docket 11 at 11.

7 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.”).

8 Fed. R. Civ. P. 41(a)(1)(A)(i).

9 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 * 1– (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).