Haggins v. Bennett et al

Filing 42

ORDER denying 41 Motion for Refund of Filing Fee. Signed by Chief Judge Frank D. Whitney on 9/7/18. (Pro se litigant served by US Mail.)(clc)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:17-cv-492-FDW CURTIS HAGGINS, ) ) Plaintiff, ) ) vs. ) ) ) ) GERALDINE BENNETT, et al., ) ) Defendants. ) ____________________________________) ORDER THIS MATTER is before the Court on the pro se Plaintiff’s Motion to Refund Filing Fee. (Doc. No. 41). The Court dismissed Plaintiff’s underlying action on August 24, 2018. (Doc. No. 39). Plaintiff now seeks a refund of the amount of money deducted from his prison trust account statement to pay his filing fee. Plaintiff’s motion is denied, as Plaintiff is still required to pay the full filing fee even though this action has been dismissed. See 28 U.S.C. § 1915(b)(1) (stating that “if a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee”). IT IS THEREFORE ORDERED that: Plaintiff’s Motion for Refund of Filing Fee, (Doc. No. 41), is DENIED. Signed: September 7, 2018 1

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