Ramirez v. Nazareno

Filing 11

ORDER DENYING 10 Motion to Request Refund of Filing Fee signed by Magistrate Judge Erica P. Grosjean on 1/12/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THERESA MARY RAMIREZ,

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Plaintiff,

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ORDER DENYING MOTION TO
REQUEST REFUND OF FILING FEE

v.

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Case No. 1:16-cv-01772-DAD-EPG

J. NAZARENO,

(ECF No. 10)

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Defendant.

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On December 28, 2016, Plaintiff Theresa Mary Ramirez filed a notice of dismissal

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dismissing her case without prejudice. (ECF No. 8.) That notice dismissed the case and the Court

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ordered that the case be closed thereafter. (ECF No. 9.) Plaintiff has now filed a request for a

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refund of her filing fee and asked the Court to send her a form complaint for a state medical

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malpractice suit. (ECF No. 10.) “[V]oluntary dismissal of an action, whether filed by a prisoner or

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not, does not entitle the litigant to a refund of filing fees.” Grindling v. Martone, Case No. 12-

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00361 LEK/BMK, 2012 WL 4502954, at *2 (D. Haw. Sept. 28, 2012) (collecting cases from the

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Second, Third, Fifth, Seventh, and Ninth Circuits and determining that 28 U.S.C. § 1915 “does

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not provide any authority or mechanism for the court . . . to return the filing fee after dismissal of

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an action”). Plaintiff’s motion is thus DENIED.

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Plaintiff is further advised that the Court does not possess forms for California state court

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litigation. If she wishes to pursue further action in state court, Plaintiff should consult her

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institutional law library for guidance.

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IT IS SO ORDERED.
Dated:

January 12, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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