Kuplen v. US Department of Justice et al

Filing 60

ORDER granting in part and denying in part 57 Motion for Refund of Overpaymentfor relief from the Clerks Order directing prison officials to deduct monthly filing fee payments; granting in part and denying in part 59 Motion for Refund of Overpaymentfor relief from the Clerks Order directing prison officials to deduct monthly filing fee payments. Signed by District Judge Frank D. Whitney on 10/20/21. (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,

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Plaintiff,
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vs.
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U.S. DEPARTMENT OF
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JUSTICE, et al.,
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Defendants. )
______________________________)

ORDER

THIS MATTER is before the Court on Plaintiff’s motions [Docs. 57, 59] and Plaintiff’s
letter [Doc. 58].
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
then filed a letter directed to the Clerk’s Office in which he stated that he had paid the $195.00
balance of his filing fee on or around June 2, 2021, but that “prison 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 confirmed with the Clerk’s Financial Department that Plaintiff did, in fact, pay the
balance of his filing fee on June 8, 2021. Because Plaintiff failed to allege that he is actually owed
a refund and the Clerk’s records did not reflect an overpayment, however, the Court denied
Plaintiff’s motion without prejudice. [Doc. 56].
Plaintiff now moves for reimbursement from overpayment of the filing fee by his
correctional institution, [Docs. 57, 59; see Doc. 58], and for relief from the Clerk’s Order directing
prison officials to deduct monthly filing fee payments “by directing said prison officials to show
cause why they continue to deduct a filing fee without lawful order,” [Doc. 59]. Plaintiff also
requests a “paid-in-full” receipt from the Court. Plaintiff claims he is now owed $20.00 due to
overpayment. [Id.]. Plaintiff, however, does not provide copies of his trust statements reflecting
these payments, but only his own handwritten notes purporting to reflect his trust fund account
records. [See Docs. 58, 59].
The Court has again consulted with the Clerk’s Financial Department and has been advised
that payments totaling $13.29 have been made on Plaintiff’s behalf since Plaintiff paid the filing
fee in full. The Clerk, therefore, will reimburse Plaintiff in the amount of $13.29. To the extent
that the NCDPS has debited Plaintiff’s trust account in excess of this amount for payment of the
filing fee in the instant case, the Clerk has not received such funds. The Court will deny Plaintiff’s
request for a receipt, as the Clerk does not provide such receipts. If Plaintiff’s correctional
institution wants confirmation of Plaintiff having paid his filing fee in this case in full, a
representative may contact the Clerk’s Office. The Court will direct the NCDPS to cease making
payments toward Plaintiff’s filing fee in this case, which has been paid in full.

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ORDER
1.

Plaintiff’s motions [Docs. 57, 59] are GRANTED IN PART in that the Court has
directed the Clerk’s Financial Department to reimburse Plaintiff in accordance with
the terms of this Order and will direct the NCDPS to cease deducting monthly
payments of the filing fee in this matter. Any other relief sought by Plaintiff is
DENIED.

2.

The North Carolina Department of Public Safety is DIRECTED to cease deducting
monthly payments from Plaintiff’s trust fund account on Plaintiff’s behalf for the
filing fee in this matter. The Clerk’s Order Directing the Correctional Facility to
Transmit Partial Payments [Doc. 6] has been satisfied in full.

3.

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: October 20, 2021

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