Kuplen v. US Department of Justice et al
Filing
56
ORDER denying without prejudice 55 Motion for refund of overpayment of filing fee. Signed by District Judge Frank D. Whitney on 8/16/21. (Pro se litigant served by US Mail.)(clc)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:13-cv-00343-FDW
JOHN EDWARD KUPLEN,
)
)
Plaintiff,
)
)
vs.
)
)
U.S. DEPARTMENT OF
)
JUSTICE, et al.,
)
)
Defendants. )
______________________________)
ORDER
THIS MATTER is before the Court on Plaintiff’s letter [Doc. 55], which the Court
construes as a motion for miscellaneous relief.
Pro se Plaintiff John Edward Kuplen (“Plaintiff”) is a prisoner in the custody of the North
Carolina Department of Public Safety (NCDPS) at the Caledonia Correctional Institution in
Tillery, North Carolina. Plaintiff filed this action pursuant to 42 U.S.C. § 1983 [Doc. 1] and filed
an Application to proceed without prepaying the filing fee [Doc. 2]. The Court granted the
Application and entered an Order establishing a debt in the amount of the $350 filing fee and
directing the correctional facility to transmit monthly payments until the fee is paid in full. [Doc.
6]. On March 9, 2015, Plaintiff’s Complaint was dismissed for failure to state a claim upon which
relief may be granted. [Doc. 43]. Previously, Plaintiff filed a letter directed to the Clerk’s Office
stating that he wanted to use his stimulus check, which he had not yet received, to pay the
remaining balance of the filing fee. [Doc. 53]. The Court denied Plaintiff’s request because
Plaintiff was without authority to direct the use of Plaintiff’s stimulus check. [Doc. 54].
Plaintiff now files the instant letter again directed to the Clerk’s Office, in which he states
that he paid the $195.00 balance of his filing fee on or around June 2, 2021, but that “prison
Case 3:13-cv-00343-FDW Document 56 Filed 08/17/21 Page 1 of 2
authorities are still deducting it from [his] trust account,” and that he “may be due a refund for
excessive payment to date.” [Doc. 55]. The Court has confirmed with the Clerk’s Financial
Department that Plaintiff did, in fact, pay off the balance of his filing fee on June 8, 2021. Plaintiff,
however, fails to allege that he is actually owed a refund and the Clerk’s records do not reflect an
overpayment. The Court will, therefore, dismiss Plaintiff’s motion without prejudice.
ORDER
Plaintiff’s motion [Doc. 55] is DENIED without prejudice. Plaintiff may renew
1.
the motion if he is owed reimbursement for overpayment of the filing fee.
2.
The Clerk is respectfully instructed to mail a copy of this Order to the Caledonia
Correctional Institution and to NCDPS Division of Prisons, 4260 Mail Service Center, Raleigh,
NC 27699-4260, to ensure that withdrawals from Plaintiff’s inmate account for this case are
terminated.
Signed: August 16, 2021
2
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