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Hardaway v. Runnels

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 16, 2009

SONNY RAY HARDAWAY, PLAINTIFF,
v.
D.L. RUNNELS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Arthur L. Alarcón United States Circuit Judge

ORDER

On November 9, 2007, this Court dismissed the instant action without prejudice because Sonny Ray Hardaway ("Plaintiff") was not entitled to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g). (Doc. 24). Pending before this Court is Plaintiff's request for reimbursement of filing fees in the amount of $99.94, which he allegedly submitted in connection with several cases: 2:01-cv-1949, 2:06-cv-00451, 2:06-cv-00695, and 2:06-cv-01588. (Docs. 26, 27, 28).

This Court will only address the filing fee Plaintiff submitted in connection with this action, Case No. 2:06-cv-00451. The Financial Services Department of this Court reports that Plaintiff has paid $41.87 towards the statutory filing fee for this case.

Although prisoners who have been denied in forma pauperis status are not exempt from paying the full amount of a statutory filing fee, see 28 U.S.C. § 1915(b), at least one district court has ordered that a pro se prisoner's partial filing fee may be refunded in circumstances that are similar to this case. See, e.g., Jameson v. Rawers, 2009 U.S. Dist. LEXIS 30501, at *7 (E.D. Cal. Apr. 9, 2009) (refunding a plaintiff's partial filing fee when his action was dismissed without prejudice after leave to proceed in forma pauperis was denied pursuant to 28 U.S.C. § 1915(g)). This Court has concluded that it would be appropriate to refund to Plaintiff the money he paid toward the filing fee in this matter ($41.87).

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's request for reimbursement be GRANTED.

2. The Clerk is hereby directed to arrange for the Financial Services Department to refund Plaintiff's partial filing fee in the amount of $41.87.

IT IS SO ORDERED.

20091016

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