(PC) Jolivette v. Superior Court of California, County of Solano

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL PATRICK JOLIVETTE, No. 2:21-cv-0332-KJM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF SOLANO, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in this action brought pursuant to 42 U.S.C. § 1983. Plaintiff’s initial 34-page filing, entitled “Complaint for Registration of a Judgment From Another District [42 U.S.C. § 1983],” was liberally construed as a prisoner civil rights complaint and this civil action was opened. ECF No. 1. Plaintiff, who is barred from proceeding in forma pauperis according to 28 U.S.C. § 1915(g), paid the $402 filing fee. See ECF No. 7. Subsequently, the court screened the complaint recommended that this action be dismissed for lack of subject matter jurisdiction and as frivolous. ECF No. 12. Plaintiff now requests a partial refund of the filing fee on the ground that his case should have been opened as a “miscellaneous” action…