JACKSON v. BUSS
ORDER AFFRIMING 15 Order re: 17 Notice of Appeal filed by MARCHELLO JACKSON. This case is referred to the magistrate judge for furtherproceedings with the plaintiff having until 1/9/2012 to file an amended complaint. Signed by SENIOR JUDGE STEPHAN P MICKLE on 12/29/11. (bkp)
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
CASE NO. 4:11cv216-SPM/WCS
EDWIN BUSS, et al.,
ORDER AFFIRMING MAGISTRATE JUDGE’S RULING
Pending before the Court is Plaintiff Marchello Jackson’s November 16,
2011 letter, which has been treated as an appeal, pursuant to Federal Rule of
Civil Procedure 72(a), of the magistrate judge’s October 27, 2011 ruling.
Plaintiff complains that the ruling “impinges on [his] fundamental rights to .
. . ‘private contract’, ‘to redress for grievances”; without ‘a trial by jury.’” Doc. 15.
Plaintiff also complains that “the Court’s offer of full payment of $350.xx for
simply reading a complaint violates international law.” Doc. 15.
The magistrate judge’s ruling does not violate Plaintiff’s rights or the law.
As explained in the ruling, Plaintiff may pursue his case if he files an amended
complaint. If Plaintiff chooses not to do so, his case will be dismissed in
accordance with his request for voluntary dismissal. The magistrate judge
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advised Plaintiff that he is responsible for payment of the filing fee even if he
voluntarily dismisses his case. This is correct since 28 U.S.C. § 1915(b)(1)
requires a prisoner bringing a civil action to pay the full amount of the filing fee.
The prisoner is responsible for the fee the moment he brings a civil action to the
court. Williams v. Roberts, 116 F.3d 1126, 1128 (5th Cir. 1997). There is no
right to a refund if the case is dismissed, even on jurisdictional grounds. Id.
The magistrate judge’s ruling is supported by the record and is neither
clearly erroneous nor contrary to law. Accordingly, it is
ORDERED AND ADJUDGED:
The October 27, 2011 ruling of the magistrate judge (doc. 15) is
Plaintiff shall have up to and including January 9, 2012 to file an
amended complaint. If nothing is received from Plaintiff, then his case will be
dismissed based on his previously filed notice of voluntary dismissal. Either way,
Plaintiff is responsible for paying the balance of the filing fee.
This case is referred to the magistrate judge for further
DONE AND ORDERED this 29th day of December, 2011.
s/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge
CASE NO.: 4:11cv216-SPM/WCS
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