Tarapchak v. Lackawanna County et al

Filing 25

ORDER denying Tarapchak's motions 19 & 24 . (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 12/16/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
STEPHANIE TARAPCHAK,
Plaintiff
v.
LACKAWANNA COUNTY, et al.,
Defendants

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CIVIL ACTION NO. 3:15-CV-621
(Chief Judge Conner)

ORDER
AND NOW, this 16th day of December, 2015, upon consideration of the
motions (Docs. 19, 24) filed by pro se plaintiff Stephanie Tarapchak (“Tarapchak”),
requesting that the court order Lackawanna County Prison to suspend its monthly
withdrawal of filing fees from her inmate commissary account and direct the Clerk
of Court to refund the portion of the filing fee already paid in light of (1) the court’s
denial (Doc. 16) of Tarapchak’s motions (Docs. 2, 8) for leave to proceed in forma
pauperis and (2) Tarapchak’s voluntary dismissal (Doc. 18) of this action, wherein
Tarapchak maintains that because her request to proceed in forma pauperis was
denied, Lackawanna County Prison was not authorized to make further monthly
withdrawals of the filing fee from her inmate commissary account, and the court
noting that, notwithstanding Tarapchak’s voluntary dismissal of her complaint or
the court’s denial of Tarapchak’s motions to proceed in forma pauperis, the filing
fee remained due in full, and that Tarapchak acknowledged this obligation in an
authorization form, indicating her understanding “that the entire filing fee will be

deducted from my account regardless of the outcome of my civil action,” (Doc. 9),
and the court further noting that voluntary dismissal does not entitle Tarapchak to
a refund of the filing fee, cf. Porter v. Dep’t of Treasury, 564 F.3d 176, 179-80 (3d Cir.
2009) (denying request for refund of appellate filing and docketing fees); see also
Martin v. United States, No. 1:13-CV-1456, 2014 WL 690619, at *1 n.1 (M.D. Pa. Feb.
24, 2014) (Conner, C.J.) (citing Porter, 564 F.3d at 179-80, and denying request for
refund of district court filing fee), it is hereby ORDERED that Tarapchak’s motions
(Docs. 19, 24) are DENIED.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania