DOMINIC
v.
GOLDMAN
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a plaintiff's failure to comply with a court order to cure deficiencies, including paying a filing fee, results in dismissal of the action. A letter is not a proper vehicle to request relief, and filing fees are generally non-refundable.
Plaintiff filed a complaint with deficiencies including lack of subject-matter jurisdiction and being a shotgun pleading. The court dismissed the comp…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse 28 U.S.C. § 1914(A) cases and more on FLexlaw
Defendants. /
ORDER1
Before the Court is a sua sponte review of the case. Plaintiff filed a Complaint that failed to plead subject-matter jurisdiction. (Doc. 1). That was not his only problem. The Complaint was also a shotgun pleading, and it appeared Plaintiff failed to pay the filing fee or move to proceed in forma pauperis. So the Court (1) explained all these deficiencies, (2) dismissed the Complaint without prejudice (for lack of jurisdiction and shotgun pleading), then (3) allowed Plaintiff to amend and sort out the filing fee by June 7. (Doc. 6). In doing so, the Court warned that failure to comply “will result in the
to the Clerk’s Office saying he did not intend to proceed with the action. (Doc. 7). As a result, the Court’s Order becomes a final judgment, and the case is closed. Auto. Alignment & Body Servs., Inc. v. State Farm, 953 F. 3d 707, 719- 20 (11th Cir. 2020).
Relatedly, to the extent that Plaintiff paid the filing fee and seeks a refund in his letter, the request is denied. To start, parties cannot move for relief in the form of a letter. Local Rule 3.01(j) (“A party must not use a letter . . . to request relief.”). What’s more, the Clerk must “require the parties
instituting any civil action . . . to pay a filing fee.” 28 U.S.C. § 1914(a). Feepaying litigants are not entitled to refunds simply because a case is dismissed or plaintiff chooses to stop prosecuting the action. E.g., In re Petricca, No. 9:08- bk-16204-FMD, 2016 WL 4401031, at *2 (Bankr. M.D. Fla. Aug. 15, 2016)
(“The Court’s long-standing policy on refunding filing fees prohibits the refund of filing fees due upon filing, even if a party filed the case in error or the court dismissed the case.”).2 Accordingly, it is now
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record