Davis v. The Bank of New York Mellon
- Gregory Woods
- 1:24-cv-07303
- U.S. District Court · Southern District of New York
- 1
In Davis v. The Bank of New York Mellon, Judge Woods denied a filing-fee refund and closed Davis’s voluntarily withdrawn case.
Corey Davis, who sought to withdraw the case and obtain a filing-fee refund; The Bank of New York Mellon, whose case was closed.
What happened
In Davis v. The Bank of New York Mellon, Corey Davis, representing himself, asked to withdraw the case. He also asked the court to order a refund of the filing fee.
The court treated Davis’s request as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41. The opinion does not state that Davis’s request was opposed.
Judge Woods denied the request for a filing-fee refund, directed the Clerk to terminate all pending motions and close the case, and directed the Clerk to mail Davis a copy of the order.
The detailed version
- Davis v. The Bank of New York Mellon · No. 1:24-cv-07303
- Gregory Woods
- Nov. 20, 2024
Background
Corey Davis, who appeared without a lawyer, moved to “voluntarily withdraw” the matter. The court construed that request as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A). Davis also asked the Clerk of Court to refund the filing fee.
Court’s ruling
The court denied Davis’s request for a filing-fee refund. It relied on the rule that, once a filing fee has been collected, it cannot be waived or refunded regardless of the action’s outcome.
The Clerk of Court was directed to terminate all pending motions and close the case. The Clerk was also directed to mail Davis a copy of the order. The order does not separately state that the case was dismissed with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.