PHELPS
v.
KIMBRELL

M.D. Fla. | 2023-10-11
No. 3:23-cv-301
2021 WL 2376704 District Court, M.D. Florida (2023) Positive Treatment
Cited by 2 cases

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Holding

A plaintiff is not entitled to a refund of a properly collected filing fee simply because their case was dismissed.

Facts & Procedural History

Plaintiff filed a letter requesting a refund of his filing fee after his case was dismissed. The court noted that the request was not made via a prope…

The full statement of facts, procedural history, and disposition for this case are member content.

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Topics
28 U.S.C. § 1914(A) Motion Practice Local Court Rules Filing Fees

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Opinion of the Court

DONE AND ORDERED at Jacksonville, Florida, this 11th day of October, 2023.

Zh. OW - A Aas | tA eran

BRIAN/J DAVIS

United States District Judge Jax-6 C: Steven R. Phelps, #830369

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Phelps v. Kimbrell, 2021 WL 2376704 (M.D. Fla. 2023)
    …any civil action... to pay a filing fee.” See 28 U.S.C. § 1914(a) (emphasis added). District courts generally deny requests for refunds of filing fees properly collected under § 1914(a). See, e.g., Dominic v. Goldman, No. 2:21-cv-394-SPC-NPM, 2021 WL 2376704, at *1 (M.D. Fla. June 10, 2021) (“Fee-paying litigants are not entitled to refunds simply because a case is dismissed ... .”); Montoya v. Cap. One, N.A., No. 2:21-cv-11978, 2022 WL 957548, at *1 (E.D. Mich. Mar. 29, 2022) (citing cases a…
  • Petersen v. Rowan-Salisbury Sch. Sys., 2023 WL 6621077 (M.D. Fla. 2025)
    …dependent on the filing of an action, not its disposition . . . . District courts generally deny requests for refunds of filing fees properly collected under [28 U.S.C.] § 1914(a)." (citations omitted)); Dominic v. Goldman, No. 2:21-cv-394-SPC- NPM, 2021 WL 2376704, at *1 (M.D. Fla. June 10, 2021) (“Fee-paying litigants are not entitled to refunds simply because a case is dismissed or plaintiff chooses to stop prosecuting the action." (citations omitted)). Accordingly, the undersigned respectfully RECOMMENDS…

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