Summary
The United States District Court for the Southern District of Mississippi denied Craig S. Robledo-Valdez’s motions for reimbursement of the filing fee and to stay proceedings in this closed civil action. The court held that the filing fee remained due despite dismissal and denied the stay motion as moot because the case was closed.
Holdings
- A prisoner remains obligated to pay the full filing fee upon filing a civil action, and dismissal of the action does not eliminate that obligation or entitle the prisoner to reimbursement.
- A motion to stay is moot when the case is closed and no proceedings are being conducted.
Questions Presented
- Whether Plaintiff was entitled to reimbursement of the filing fee paid after the action had been dismissed.
- Whether Plaintiff's motion to stay proceedings should be granted when the case was already closed and no proceedings were occurring.
Disposition
other
Cases Cited (10)
- Lomax v. Ortiz-Marquez, 140 S. Ct. 1721, 1723 (2020)(followed)
- Jones v. Bock, 549 U.S. 199, 203 (2007)(followed)
- Robledo-Valdez v. West, No. 1:14-cv-818 (D. Colo. Apr. 18, 2014), aff'd, 593 F. App'x 778, 781 (10th Cir. 2014)(followed)
- Robledo v. West, No. 1:13-cv-1577 (D. Colo. Jan. 21, 2014)(followed)
- Robledo-Valdez v. Smelser, 593 F. App'x 771, 775 (10th Cir. 2014)(followed)
- Robledo v. Lakewood Police Department, No. 1:16-cv-2995 (D. Colo. Feb. 28, 2017)(followed)
- Nottingham v. Warden, Bill Clements Unit, 837 F.3d 438, 441 (5th Cir. 2016)(followed)
- Hatchet v. Nettles, 201 F.3d 651, 654 (5th Cir.)(followed)
- Williams v. Roberts, 116 F.3d 1126, 1127-28 (5th Cir.)(followed)
- Gay v. Texas Department of Corrections State Jail Division, 117 F.3d 240, 241 (5th Cir.)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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