Free Order - District Court of Delaware - Delaware

Case 1:08-cv-00161-SLR Document 8 Filed 08/01/2008 Paget of2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES A. PERSON, )
Plaintiff, g
v. ; Civ. No. 08-161-SLR
CORRECTIONAL MEDICAL g
SERVICES and DEPARTMENT OF )
CORRECTIONS, )
Defendants. §
O R D E R
At Wilmington this <$uH"day of July, 2008, having considered plaintiffs
letter/motion for a refund of the filing fee;
IT IS ORDERED that plaintiffs letter/motion (D.I. 7) is denied for the following
reasons,
1. Plaintiff James Person ("pIaintiff’), an inmate housed at the Howard R. Young
Correctional Center, proceeds pro se and was granted leave to proceed without
prepayment of fees. At that time, the court assessed a $350.00 filing fee as required by
28 U.S.C. § 1914 and § 1915. (D.I. 4)
2. Plaintiffs case was dismissed for failure to state a claim upon which relief
may be granted and as frivolous and he now asks for reimbursement of monies paid
towards the filing fee and suspension of further payment. (D.I. 7) Section 1915
provides that if a prisoner brings a civil action in forma pauperis, he shall be required to
pay the full amount ofthe filing fee. 28 U.S.C. § 1915(b)(1). Plaintiff opted to file this

Case 1:08-cv-00161-SLR Document 8 Filed 08/O1/2008 Page 2 of 2
lawsuit, and he is required by statute to pay the filing fee. 28 U.S.C. § 1914; 28 U.S.C.
§ 1915.
UNITED STA DISTRICT JUDGE

Case 1:08-cv-00161-SLR

Document 8

Filed 08/01/2008

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Case 1:08-cv-00161-SLR

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