Foster et al v. Albright

Filing 4

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).

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 HERBERT R FOSTER, No. C-12-01087 (DMR) 7 Plaintiff(s), 8 v. ORDER DISMISSING CASE AND DENYING REQUEST FOR REFUND OF FILING FEE 9 ROBERT ALBRIGHT, 11 Defendant(s). ___________________________________/ 12 Plaintiffs, proceeding pro se, filed this action on March 5, 2012. [Docket No. 1.] On April 13 16, 2012, having not yet served Defendant, they filed a voluntary dismissal and moved for a refund 14 of the $350.00 filing fee. [Docket No. 3.] Pursuant to Rule 41(a)(1)(A) of the Federal Rules of 15 Civil Procedure, Plaintiffs’ filing automatically dismisses the action without prejudice. See Fed. R. 16 Civ. P. 41(a)(1)(A). 17 Turning to their motion, Plaintiffs made the decision to file and prosecute this case and pay 18 the mandatory filing fee on their own accord. They have not cited, and the court has not found, any 19 authority permitting, let alone requiring, the Court to refund their filing fee now that they have 20 decided to dismiss the case. Accordingly, Plaintiff’s request to return the filing fee is denied. See 21 Carter v. Dawson, No. 07-cv-1325, 2010 WL 4603335, at *2 (E.D. Cal. Nov. 1, 2010). 22 23 S H ER R NIA Judg FO RT 28 DONNA M. RYU Ryu United States Donna M. Magistrate Judge e NO 27 LI Dated: April 26, 2012 26 DERED O OR IT IS S A 25 S DISTRICT TE C TA RT U O IT IS SO ORDERED. 24 UNIT ED For the Northern District of California United States District Court 10 N F D IS T IC T O R C

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