Deeds v. Aranas et al

Filing 22

ORDER denying Plaintiff's request for a $50 refund, re 19 -1 Letter. Signed by Magistrate Judge William G. Cobb on 8/19/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RICHARD DEEDS,

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3:14-cv-00138-RCJ-WGC
Plaintiff,

ORDER

v.
ROMEO ARANAS, et. al.

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Defendants.

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The court has received Plaintiff's letter claiming that he overpaid the filing fee by the

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amount of $50. (Doc. # 19-1.) Plaintiff paid a filing fee in the amount of $400; however, he

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contends that he overpaid by including the $50 administrative fee that is charged in addition to

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the $350 filing fee and is not applicable to inmates filing civil rights cases under 42 U.S.C.

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§ 1983.

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The United States District Court Schedule of Fees, effective December 1, 2013, provides

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that the civil filing fee is $400, consisting of a $350 filing fee and $50 administrative fee. It

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further states that the administrative fee does not apply to prisoner civil rights cases screened

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under 28 U.S.C. § 1915.

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28 U.S.C. § 1915 governs proceedings in forma pauperis. Plaintiff elected to forego filing

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an application to proceed in forma pauperis, and instead paid the full filing fee. His complaint

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was then screened, but the screening was pursuant to 28 U.S.C. § 1915A, which states that "[t]he

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court shall review, before docketing, if feasible or, in any event, as soon as practicable after

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docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental

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entity or officer or employee of a governmental entity." An inmate plaintiff need not pay the $50

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administrative fee if his application to proceed in forma pauperis status is granted; however,

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Plaintiff is not proceeding in forma pauperis. Therefore, Plaintiff was required to pay the full

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$400 filing fee. As a result, Plaintiff's request for a $50 refund is DENIED.

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IT IS SO ORDERED.

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DATED: August 19, 2014

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__________________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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