Harris v. Corey

Filing 10

ORDER denying 8 Motion to waive filing fee, signed by Magistrate Judge Theresa L Fricke.**3 PAGE(S), PRINT ALL**(Ray Harris, Prisoner ID: 271486)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RAY CHARLES HARRIS,
Case No. 3:16-cv-05844RJB-TLF
Plaintiff,

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ORDER DENYING MOTION TO
WAIVE FILING FEE

v.
BARBARA COREY,
Defendants.

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This matter comes before the Court on plaintiff Ray Charles Harris’s motion to waive
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filing fee. Dkt. 8. Mr. Harris’s motion simply states that he is asking to Court to waive the filing
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fee in the above case number. Id. at p. 1. He does not state why. This case, however, was closed
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more than a year ago on November 9, 2016, based on a notice of voluntary dismissal of the
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complaint Mr. Harris himself filed. Dkt. 7.
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To the extent Mr. Harris seeks to re-open this case, that avenue is foreclosed. Although a
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properly filed notice of dismissal results in a dismissal of the complaint “without prejudice”
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(Federal Rule of Civil Procedure (“FRCP”) 41(a)(1)(B)), this does not mean the same complaint
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in the same case may subsequently be revived. This is particularly true where so much time has
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ORDER DENYING MOTION TO WAIVE FILING FEE - 1

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passed since the voluntary dismissal.
If Mr. Harris is seeking to alter or amend a judgment, there has been no judgment in this

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case – a voluntary dismissal prior to the filing of a responsive pleading does not count as one –

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and even if a judgment had been entered, the time for seeking to alter or amend it has long

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passed. FRCP 59(e). The same is true for any attempt to seek relief from a judgment or other

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order. FRCP 60(c). Nor has Mr. Harris made any showing that he has satisfied the grounds for

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seeking such relief. FRCP 60(b).

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Lastly, it may be that Mr. Harris desires to no have to pay the $350.00 filing fee under the
above cause number as required by 28 U.S.C. § 1915. However, Mr. Harris applied for and was

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granted in forma pauperis status. Dkt. 4. In order to be granted that status, he was required to,

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and did, sign an Acknowledgment and Authorization form, in which he expressly acknowledged

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that he would be responsible for full repayment of the filing fee. Dkt. 1, p. 3. Mr. Harris further

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authorized the agency having custody over him to collect money from his prison account for that

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purpose. Id.

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That Mr. Harris himself subsequently decided to voluntarily dismiss his complaint does

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not relieve him of his obligation to repay the full amount of the filing fee. Further, Mr. Harris has

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not offered any reasons for being relieved of this obligation. Even if Mr. Harris had, nothing in

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28 U.S.C. § 1915 provides for or contemplates relief therefrom, regardless of how the underlying

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civil action has been resolved.

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Accordingly, for the foregoing reasons, Mr. Harris’s motion to waive filing fee (Dkt. _8

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is DENIED. If Mr. Harris desires to pursue legal action on the basis of the claims contained in

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the complaint he originally filed in this matter or any other claims he may have – as opposed to

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merely seeking to avoid his obligation to pay the filing fee here – he must do so by filing a new

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ORDER DENYING MOTION TO WAIVE FILING FEE - 2

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complaint under a new and separate cause number.

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The Clerk shall send a copy of this Order to the plaintiff.

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Dated this 30th day of November, 2017.

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A

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Theresa L. Fricke
United States Magistrate Judge

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ORDER DENYING MOTION TO WAIVE FILING FEE - 3