Markovich v. Correct Care Solutions et al

Filing 21

ORDER ENTERED: Plaintiff's motion 18 to vacate order assessing fee and demand for refund is denied. Signed by Senior District Judge Sam A. Crow on 11/30/10. (Mailed to pro se party Matthew Paul Markovich by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

MATTHEW PAUL MARKOVICH, v. CORRECT CARE SOLUTIONS, et al.,

Plaintiff, CASE NO. 10-3097-SAC

Defendants. ORDER On July 8, 2010, this court entered an Order dismissing this action without prejudice and assessing the full filing fee against plaintiff for this action. Mr. Markovich has filed a

Notice of Appeal that is currently pending, and has agreed to make partial payments to satisfy the appellate filing fees. The matter

is currently before this court upon a letter submitted by Mr. Markovich that was construed and filed by this court as his Motion to Vacate Order Assessing Fee and Demanding Refund (Doc. 18). In

this letter, plaintiff claims that this court was aware he was in a pending bankruptcy and could not legally collect the filing fee from him when it had not applied for and obtained an order from the bankruptcy court. This court is asked to stop collection and to He threatens to

refund amounts that had already been collected.

initiate civil actions against this court for damages. The court finds that plaintiff voluntarily incurred the filing fee in this action apparently after he had filed for bankruptcy. He was forewarned in the court's initial screening

order that he would be obligated to pay the full filing fee through payments automatically deducted from his inmate account if his

motion for leave to proceed without prepayment of fees was granted, and advised that federal law requires that he be assessed the full filing fee whether or not his complaint is dismissed upon

screening.

The court finds that no valid reason is alleged or

exists and no authority is cited that entitles Mr. Markovich to the requested relief. IT IS THEREFORE ORDERED that plaintiff's Motion to Vacate Order Assessing Fee and Demand for Refund (Doc. 18) is denied. IT IS SO ORDERED. Dated this 30th day of November, 2010, at Topeka, Kansas.

s/Sam A. Crow U. S. Senior District Judge

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