Opinion
Civil Action No. 08-cv-00050-BNB.
April 23, 2008
ORDER
On April 22, 2008, Plaintiff filed a pleading titled "Petition for Recusal/Withdrawal." In the pleading, Plaintiff requests that the payment of the $350.00 filing fee be returned to his cousin, the person he claims paid the fee. Plaintiffs request is DENIED. The Court has commenced a review of the merits. Plaintiff has been directed to amend the Complaint and the Complaint has been found to be barred in part under Heck v. Humphrey, 512 U.S. 477 (1994). Simply because Plaintiff's Complaint in part is subject to dismissal does not justify a return of the filing fee. Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), regardless of the payment of the filing fee an action may be dismissed at any time if the Complaint "fails to state a claim on which relief may be granted."
If Plaintiff desires to voluntarily dismiss the Complaint without a refund of the $350.00 filing fee he must inform the Court of his intention to do so. The Court will not construe from the April 22, 2008, pleading that Plaintiff intends to voluntarily dismiss the Complaint without the refund. Accordingly, it is
ORDERED that Mr. Murphy's request for a refund of the filing fee is DENIED.