Opinion
18-cv-12282
12-14-2022
BRIAN WARREN, Petitioner, v. SHERRY BURT, Respondent.
ORDER GRANTING PETITIONER'S EX PARTE MOTION FOR REFUND OF CONSOLIDATED APPROPRIATIONS ACT PAYMENT (ECF No. 19) AND DIRECTING THE CLERK OF THE COURT TO REFUND $345.00 TO PETITIONER
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
Brian Warren, petitioner, filed an ex parte motion asking that the Court refund him money that prison officials incorrectly sent to the Court on his behalf. (See Mot., ECF No. 19). For the reasons that follow,'the motion is GRANTED. The Clerk of the Court is directed to refund $345.00 to petitioner.
On September 25, 2018, this Court determined that this action should have been docketed as a habeas petition (rather than a prisoner civil rights case, which it originally was). (See ECF No. 11). Pertinent to this motion, the Court ordered the Clerk of the Court to recode this case as habeas action and to refund to petitioner any funds received from his prison account. (See id.).
On May 28, 2021, petitioner filed a motion for a refund. (See Mot., ECF No.14.). Petitioner alleged that on May 5, 2021, prison officials sent $280.00 of his funds to the Court to pay the outstanding of a filing filing fee related to this case. (See id.). Petitioner correctly alleged that that he did not owe that amount because, as a habeas action, the filing fee is only $5.00. (See id.). This Court denied the motion without prejudice because petitioner presented insufficient evidence that the Court received a filing fee on his behalf. (See id.). The Court indicated that if petitioner obtained evidence that this payment was made, he could re-file his motion. (See id.).
In his current motion, petitioner has presented evidence that the Clerk's Office received payments totaling $350.00 for this case. (ECF No. 19, PagelD. 170-71). That amount is far beyond the $5.00 filing fee required for a habeas action.
Accordingly, the Court grants the ex parte motion for a refund. The Clerk of the Court is directed to refund petitioner $345.00.
IT IS SO ORDERED. I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on December 14,2022, by electronic means and/or ordinary mail.