McGinn (ID 62252) v. Williams

Filing 24

MEMORANDUM AND ORDER ENTERED: The Court's finance office will refund $505.00 to Petitioner. Signed by District Judge John W. Lungstrum on 05/09/24. Mailed to pro se party Carlon D. McGinn by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
CARLON D. MCGINN,
Petitioner,
v.

CASE NO. 23-3095-JWL

TOMMY WILLIAMS,
Respondent.
MEMORANDUM AND ORDER
This matter began with a pro se petition for writ of habeas corpus filed pursuant to 28
U.S.C. § 2254 by Petitioner and state prisoner Carlon D. McGinn. The petition was dismissed
without prejudice on April 6, 2023, and the Court declined to issue a certificate of appealability.
(Docs. 4 and 11.) Petitioner appealed the dismissal and, on May 8, 2023, this Court granted
Petitioner leave to appeal in forma pauperis. (Doc. 18.) On August 2, 2023, the United States Court
of Appeals for the Tenth Circuit denied a certificate of appealability and dismissed Petitioner’s
appeal. (Doc. 20.)
On April 23, 2024, this Court received from the Tenth Circuit a check in the amount of
$505.00 which mistakenly had been sent to the Tenth Circuit to pay the filing fee for the appeal.
(Doc. 21.) This Court receipted the payment.
In a letter dated May 1, 2024, Mr. McGinn informed the Tenth Circuit that the payment of
the appellate filing fee had happened in error and he asked that the money be returned. (Doc. 22.)
After carefully reviewing the relevant records, this Court concludes that despite the general policy
against refunding filing fees, the particular circumstances of this case warrant a refund.

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IT IS THEREFORE ORDERED that the Court’s finance office will refund $505.00 to
Petitioner.

IT IS SO ORDERED.
DATED: This 9th day of May, 2024, at Kansas City, Kansas.
S/ John W. Lungstrum
JOHN W. LUNGSTRUM
United States District Judge

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