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Trice v. Huynh

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Jun 27, 2017
Case No.: 2:16-cv-02424-GMN-VCF (D. Nev. Jun. 27, 2017)

Opinion

Case No.: 2:16-cv-02424-GMN-VCF

06-27-2017

GERALDINE A. TRICE, Plaintiff, v. JAMES HUYNH, Defendant.


ORDER

Pending before the Motion for Return of Appeal Filing Fee, (ECF No. 20), filed by pro se Defendant Geraldine A. Trice ("Defendant") against Plaintiff James Huynh ("Plaintiff"). For the reasons discussed below, the Court DENIES the Motion.

It appears that Defendant's Notice of Removal inadvertently switched the title of the parties. (See Mot. to Am. 1:21-22, ECF No. 4) ("This amendment is in order due to the Plaintiff and Defendant name . . . was [sic] incorrect."). Accordingly, the Court will refer to the parties as they were named prior to removal from state court: Plaintiff James Huynh and Defendant Geraldine A. Trice.

In light of Defendant's status as a pro se litigant, the Court has liberally construed her filings, holding them to standards less stringent than formal pleadings drafted by attorneys. See Erickson v. Pardus, 551 U.S. 89, 94 (2007). --------

I. BACKGROUND

Plaintiff filed a Complaint for Unlawful Detainer on August 22, 2016, in the Justice Court, Las Vegas Township, Clark County, in order to obtain possession of certain real property. (Ex. 1 to Ex Parte Appl. ("Compl."), ¶¶ 1-9, ECF No. 6). On October 17, 2016, Defendant removed the eviction action to this Court based upon federal question jurisdiction. (See Notice of Removal ¶ 10, ECF No. 1-1).

On November 30, 2017, the Court filed an Order, (ECF No. 8), remanding this case back to state court, which Defendant appealed, (ECF No. 13). On June 14, 2017, the Ninth Circuit dismissed Defendant's appeal for lack of jurisdiction. (ECF No. 19). In the instant Motion, Plaintiff seeks return of the appellate filing fee. (ECF No. 20).

II. DISCUSSION

A filing fee is owed upon initiation of an appeal. Fed. R. App. P. 3(e). The obligation to pay the filing fee is not predicated upon the guarantee of some particular outcome. Defendant filed the appeal, triggering the obligation to pay a filing fee, and Defendant is not due a refund simply because it has not proceeded as she envisioned. Moreover, the district court merely receives the appellate filing fee "on behalf of the court of appeals." Id. The Court therefore lacks the authority to order the return of a fee paid to the Ninth Circuit. Accordingly, the Court denies Defendant's Motion.

III. CONCLUSION

IT IS HEREBY ORDERED that Defendant's Motion for Return of Appeal Filing Fee, (ECF No. 20), is DENIED.

DATED this 27 day of June, 2017.

/s/_________

Gloria M. Navarro, Chief Judge

United States District Court


Summaries of

Trice v. Huynh

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Jun 27, 2017
Case No.: 2:16-cv-02424-GMN-VCF (D. Nev. Jun. 27, 2017)
Case details for

Trice v. Huynh

Case Details

Full title:GERALDINE A. TRICE, Plaintiff, v. JAMES HUYNH, Defendant.

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Date published: Jun 27, 2017

Citations

Case No.: 2:16-cv-02424-GMN-VCF (D. Nev. Jun. 27, 2017)