Birdsall v. James

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
RICHARD D. BIRDSALL,
Plaintiff,
v.
LETITIA JAMES,
Defendant.
Case No. 3:24-cv-00046-JMK
ORDER OF DISMISSAL
On 	February 	29, 	2024, 	self-represented 	litigant 	Richard 	D. 	Birdsall
(“Plaintiff”) filed a “Request for Immediate Stay of New York Action 452564/2022,”
a civil cover sheet, and paid the filling fee.1 Then, on March 4, 2024, Plaintiff filed
a Notice of Voluntary Dismissal and a Motion for Refund of the Filing Fee.2
A plaintiff may voluntarily dismiss an action without leave of court at any time
before the defendant answers or files a dispositive motion.3 	However, voluntary
dismissal does not entitle a litigant to a refund of the filing fee.4 	A filing fee is
1 Dockets 1–3.
2 Dockets 5–6.
3 Fed. R. Civ. P. 41(a)(1)(A)(i).
4 See Green v. Bank of America, Case No. 2012 WL 5032414, at *1 (E.D. Cal. 2012) (denying
refund of filing fee after pro se plaintiff voluntarily dismissed complaint under Rule 41 (a));
Grindling v. Martone, 2012 WL 4502954, at *1–2 (D. Haw. 2012) (refusing to refund filing fee
where pro se prisoner voluntarily dismissed case); Killian v. Panetta, 2013 WL 41138399, at *3
(S.D. Cal. 2013) (refusing to refund appellate filing fee to pro se plaintiff where Ninth Circuit
dismissed appeal before briefing filed).
Case 3:24-cv-00046-JMK Document 6 Filed 03/06/24 Page 1 of 2

Case No. 3:24-cv-00046-JMK, Birdsall v. James
Order of Dismissal
Page 2 of 2
“assessed for the privilege of initiating the matter, without regard to the subsequent
disposition.”5 Plaintiff filed this action, which triggered the obligation to pay a filing
fee.6
IT IS THEREFORE ORDERED:
1. 	This action is DISMISSED without prejudice.
2. 	Plaintiff's motion for a refund of his filing fee at Docket 6 is DENIED.
3. 	All pending motions are DENIED as moot.
DATED this 6th day of March, 2024, at Anchorage, Alaska.
/s/ Joshua M. Kindred
JOSHUA M. KINDRED
UNITED STATES DISTRICT JUDGE
5 Kidwell v. Cisnero, 2023 WL 3095291, at *1 (E.D. Cal. 2023) (citing Williams v. Roberts, 116 F.3d
1126, 1127 (5th Cir. 1997), as revised (July 23, 1997)).
6 See 28 U.S.C. § 1914(a) (requiring all parties instituting any civil action, suit or proceeding in a
district court of the United States, except an application for writ of habeas corpus, to pay a filing
fee).
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