Opinion
Case No: 2:16-cv-329-FtM-38MRM
03-13-2018
JAMAAL ALI BILAL, Petitioner, v. GEO GROUP, INC. (GEO) and KRISTIN KANNER, Respondents.
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This matter comes before the Court on Plaintiff Jamaal Ali Bilal's Motion for Clarification Whether 28 U.S.C. § 1914(a) Requires Defendant's to Pay Filing Fees Based Upon Their Choice to Remove this Case to the Federal Forum or in the Alternative Motion to Dispense with Filing Fee Requirement Given the Fact Plaintiff was Allowed to Proceed IFP in State Court Prior to Defendant's Choice to Remove this Case to the Federal Forum (Doc. 110) filed on January 10, 2018. The Plaintiff argues that 28 U.S.C. § 1914(a) requires the Party removing the case to Federal Court to pay the Court's filing fee. Therefore, Plaintiff argues that Defendants should pay for his fees on appeal since they removed the case to federal court.
On November 12, 2015, the Defendants did pay the $400.00 filing fee to remove the case to this Court. While Plaintiff argues that Defendants should also pay his fee to file an appeal with the Eleventh Circuit, 28 U.S.C. § 1914(a) specifically states that it applies to the filing fees in the district courts and does not address the Circuit Courts of Appeal. Thus, contrary to Plaintiff's claim, Defendants complied with 28 U.S.C. §1914(a).
Plaintiff also moves the Court to dispense with the filing fee requirement on appeal. On February 9, 2018, the Court found that Plaintiff's appeal was frivolous and not taken in good faith pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a)(4). As such, Plaintiff's motion to appeal IFP is denied.
Accordingly, it is now
ORDERED:
Plaintiff Jamaal Ali Bilal's Motion for Clarification Whether 28 U.S.C. s 1914(a) Requires Defendant's to Pay Filing Fees Based Upon Their Choice to Remove this Case to the Federal Forum or in the Alternative Motion to Dispense with Filing Fee Requirement Given Fact Plaintiff was Allowed to Proceed IFP in State Court Prior to Defendant's Choice to Remove this Case to the Federal Forum (Doc. 110) is DENIED.
DONE and ORDERED in Fort Myers, Florida this 13th day of March, 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies:
All Parties of Record
SA: FTMP-2