Finch v. United States District Court Western District of Washington at Tacoma

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA EMANUEL LEONARD FINCH, SR, CASE NO. 19-6131 RJB-TLF Plaintiff, ORDER DENYING MOTION 12 v. 13 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF 14 WASHINGTON AT TACOMA, 15 Defendant.

THIS MATTER comes before the Court on the Plaintiff’s Motion for Refund of Filing Fee. Dkt. 13. The Court has considered the pleadings filed regarding the motion and the remaining file.

The Plaintiff, a pro se prisoner, filed this civil rights case and application to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. §1915 on November 25, 2019. Dkt. 1. His application to proceed IFP was granted. Dkt. 7. The Plaintiff later moved to voluntarily dismiss his case. Dkt. 10. The motion was granted, the case was dismissed and closed. Dkt. 12. The Plaintiff now moves for a refund of his filing fee in this case. Dkt. 13. The Plaintiff also asserts that he has overpaid $11.00 in Finch v. Graham, U.S. District Court for the Western District of Washington case number 3:15-cv-5305 RBL (“Graham”). Id. 4 Refund of Filing Fee in this Case. “Under 28 U.S.C. § 1915, prisoner litigants are required to pay court filing fees, although financially qualified prisoners may pay the fees in increments.” Williams v. Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015).

7 The Plaintiff’s motion for a refund of his filing fee (Dkt. 13) should be denied. The Plaintiff filed this case. His decision to later voluntarily dismiss it does not relieve him of the obligation to pay the filing fee. See 28 U.S.C. § 1915(b)(1)(“if 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”). His motion should be denied.

12 Alleged Overpayment of $11.00 in Graham. A separate order will be entered in that case.

14 IT IS SO ORDERED.

15 The Clerk is directed to send uncertified copies of this Order to all counsel of record and to any party appearing pro se at said party’s last known address.

17 Dated this 7th day of December, 2020.

A ROBERT J. BRYAN United States District Judge