Foster et al v. Albright
ORDER DISMISSING CASE. Signed by Magistrate Judge Donna M. Ryu on 4/26/2012. (dmrlc2, COURT STAFF) (Filed on 4/26/2012) (Additional attachment(s) added on 4/26/2012: # 1 Certificate/Proof of Service) (ig, COURT STAFF).
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
HERBERT R FOSTER,
No. C-12-01087 (DMR)
ORDER DISMISSING CASE AND
DENYING REQUEST FOR REFUND OF
Plaintiffs, proceeding pro se, filed this action on March 5, 2012. [Docket No. 1.] On April
16, 2012, having not yet served Defendant, they filed a voluntary dismissal and moved for a refund
of the $350.00 filing fee. [Docket No. 3.] Pursuant to Rule 41(a)(1)(A) of the Federal Rules of
Civil Procedure, Plaintiffs’ filing automatically dismisses the action without prejudice. See Fed. R.
Civ. P. 41(a)(1)(A).
Turning to their motion, Plaintiffs made the decision to file and prosecute this case and pay
the mandatory filing fee on their own accord. They have not cited, and the court has not found, any
authority permitting, let alone requiring, the Court to refund their filing fee now that they have
decided to dismiss the case. Accordingly, Plaintiff’s request to return the filing fee is denied. See
Carter v. Dawson, No. 07-cv-1325, 2010 WL 4603335, at *2 (E.D. Cal. Nov. 1, 2010).
DONNA M. RYU
United States Donna M.
Dated: April 26, 2012
IT IS S
IT IS SO ORDERED.
For the Northern District of California
United States District Court
D IS T IC T O
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