Nevarez v. Napa State Hospital

Background

Angel V. Nevarez filed a self-represented action under 42 U.S.C. § 1983, a federal statute that permits certain civil-rights claims against state or local officials. On February 15, 2024, the court granted his request to proceed without paying the filing fee in advance and dismissed his complaint with leave to file an amended complaint addressing identified deficiencies. The court set March 14, 2024, as the deadline for the amended complaint and warned that the action could be dismissed if he did not file it.

Nevarez instead filed a pleading titled “Request for Dismissal,” stating that he could not afford the filing fee and asking that the action be dismissed. The court construed that pleading as a request for voluntary dismissal under Federal Rule of Civil Procedure 41 and as a request to waive the filing fees.

Court’s ruling

The court denied Nevarez’s request to waive the filing fees. It explained that voluntarily dismissing the action would not entitle him to a refund of filing or docketing fees and would not eliminate his obligation to pay the filing fee. The court stated that the obligation applies whether Nevarez continues with the action, voluntarily dismisses it, or the action is dismissed for failure to state a claim.

The court ordered Nevarez to inform it within 28 days whether he still seeks to dismiss the action. The order states that, if he does not respond within that period, the court will grant his request to voluntarily dismiss the action and dismiss the action without prejudice, without further notice. The court also reminded him that, if he decides to proceed, he must file an amended complaint stating legally cognizable claims. This order did not itself dismiss the action.