Jones

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

7 8 AARON ANTHONY VRH, No. 1:20-cv-00581-JLT-CDB (HC) Petitioner, ORDER DIRECTING CLERK OF THE

COURT TO REFUND FILING FEE

v. (Doc. 65) GENA JONES, et al., Respondents. 14 Pending before the Court is Petitioner Aaron Anthony Vrh’s motion, by his attorney George L. Schraer, for refund of the $605.00 filing fee erroneously paid for Petitioner’s appeal. (Doc. 65). In the motion, Petitioner’s attorney represents that he contacted this Court’s Financial Department but was unable to obtain cancellation or refund of his payment. Counsel represents that Petitioner is entitled to a refund as he is proceeding in forma pauperis in this action and, although counsel plans to file a request for a certificate of appealability in the Ninth Circuit, it is unclear whether the Ninth Circuit will grant that request and if said request is not granted, Petitioner will not be permitted to appeal. Id. at 2. The Federal Rules of Appellate Procedure provide, in pertinent part: A party who was permitted to…