Deutsche Bank National Trust Company v. Thomas et al

Filing 20

OPINION and ORDER denying 19 Motion for Repayment. Signed by Honorable Cameron McGowan Currie on 3/31/2015.(cbru, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Deutsche Bank National Trust Company
as Trustee for Soundview Home Loan Trust
2006-1 Asset-Backed Certificates, Series 2600-1,

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Plaintiff,
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v.
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Helen Valencia Thomas, Corporate Person,
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Washington-Thomas, Helen Valencia, all natural )
person; Darrel Antonio Thomas, Corporate Person, )
Thomas, Darrel Antonio, all Natural Person,
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Defendants.
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_________________________________________ )

C/A NO. 3:15-0023-CMC-SVH

OPINION and ORDER

This matter is before the court on Defendant Helen Valencia Thomas’ pro se “Request for
Repayment.” ECF No. 19. Defendant contends that the filing fee she paid to remove this matter
from the Richland County Court of Common Pleas should be repaid to her because “the case was
immediately remanded back to the lower court.” Mot. at 1.
Title 28, United States Code Section 1914 provides that “[t]he clerk of each district court
shall require the parties instituting any civil action, suit or proceeding in such court, whether by
original process, removal or otherwise, to pay a filing fee of $350 . . . .” 28 U.S.C. § 1914(a).
Additionally, the clerk “shall collect from the parties such additional fees only as are prescribed by
the Judicial Conference of the United States.” Id. at § 1914(b). Finally, “[e]ach district court by rule
or standing order may require advance payment of fees.” Id. at § 1914(c). Accordingly, before
commencing suit in this court (whether “original process” or a removal notice), Defendant was
required to pay a filing fee of $350, an administrative fee of $50 (as provided in the District Court
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Miscellaneous Fee Schedule), or move to proceed in forma pauperis (ifp). Defendant paid the filing
fee. There is no authority that provides for a “refund” of Defendant’s filing fee following a remand.
Defendant’s motion is denied.
IT IS SO ORDERED.

s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
SENIOR UNITED STATES DISTRICT JUDGE

Columbia, South Carolina
March 31, 2015

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