Kallembach, Darrel Lee v. City Of Platteville

Filing 19

ORDER denying 15 Motion for Refund of Filing Fee. Signed by Chief Judge Barbara B. Crabb on 3/1/2010. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------In re: DARREL KALLEMBACH as the Intervenor In terven tio n of Right as Claimant Argyle, Wisconsin L AR R Y KALLEMBACH as the witness, Plaintiffs. OR DER 0 9 - cv -7 1 1 - b b c

--------------------------------------------In re: LARRY KALLEMBACH as the Intervenor In terven tio n of my Fundamental Right as Claimant Platteville, Wisconsin DARREL KALLEMBACH as the witness i.e. W itn ess Protection Act 18 USCA Section 1512-1515 Plaintiff. OR DER 0 9 - c v -7 3 6 - b b c

--------------------------------------------In an order dated December 10, 2009, I dismissed these cases for lack of subject m a tt er jurisdiction. Now plaintiff Larry Kallembach requests that the $350 filing fees in each case be returned. The request will be denied. As the name suggests, the $350 fee is the fee for filing a case. Litigants whose cases are dismissed for lack of jurisdiction or for any other reason do not get their money back even if the case is dismissed at an early stage; they have received the service for which they

paid, which is the filing of the complaint and the opening of a case. The fee covers the adm inistrative costs incurred at the time of filing. Neither the Federal Rules of Civil P ro ced ure nor any statute enacted by Congress authorizes a district court to refund a filing fee in instances in which the filed case is closed following a ruling by the judge.

ORDER IT IS ORDERED that plaintiff Larry Kallembach's request for a refund of the filing fees he paid in cases 09cv-711-bbc and 09-cv-736-bbc, is DENIED. E n tered this 1s t day of March, 2010. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge