Cisneros
(PC) Kidwell v. Cisneros
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
7 EASTERN DISTRICT OF CALIFORNIA 9 SEQUOYAH DESERTHAWK KIDWELL, Case No. 1:22-cv-00290-JLT-SAB (PC) 10 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION TO VACATE THE FILING FEE v. (ECF No. 20) THERESA CISNERO, et al., 13 Defendants.
16 On July 11, 2022, the instant action filed pursuant to 42 U.S.C. § 1983 was terminated pursuant to Plaintiff’s motion to voluntarily dismiss the action. Fed. R. Civ. P. 41(a)(1)(A)(i). (ECF No. 19.) On April 25, 2023, Plaintiff filed a motion to vacate the filing fee. (ECF No. 20.) Plaintiff is advised that voluntary dismissal does not entitle a litigant to a refund of the filing and docketing fees. Porter v. Dep't of Treasury, 51 V.I. 1212, 1216 (3d Cir. 2009). Under the PLRA, once a prisoner is granted leave to proceed in forma pauperis, the prisoner is obligated to pay the fees in full. Porter, 51 V.I. at 1218 n.4. The filing fee is assessed for the privilege of initiating the matter, without regard to the subsequent disposition. Williams…