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No Filing Fee Refund If Appeal Withdrawn
A prisoner who withdraws his appeal may not get a refund of partial fee
payments or a cancellation of the obligation to continue paying. The
statute makes no provision for such repayments, and ordinary fee-paying
litigants have no opportunity for a refund. Also sovereign immunity would
bar such refunds, since the money has become the property of the Treasury.
(What? Can there be no refund if the assessment of a fee is found to be
completely erroneous?) Future payments present a closer issue in policy
terms but the statute doesn't authorize cancellation of the debt.
One plaintiff had settled his case on appeal, but he had the opportunity to
include payment of fees in the settlement, so his claim is no better than
the other plaintiff's. See: Goins v. Decaro, 241 F.3d 260 (2d Cir. 2001).
payments or a cancellation of the obligation to continue paying. The
statute makes no provision for such repayments, and ordinary fee-paying
litigants have no opportunity for a refund. Also sovereign immunity would
bar such refunds, since the money has become the property of the Treasury.
(What? Can there be no refund if the assessment of a fee is found to be
completely erroneous?) Future payments present a closer issue in policy
terms but the statute doesn't authorize cancellation of the debt.
One plaintiff had settled his case on appeal, but he had the opportunity to
include payment of fees in the settlement, so his claim is no better than
the other plaintiff's. See: Goins v. Decaro, 241 F.3d 260 (2d Cir. 2001).
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