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).

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