Wright v. Warden RMSC Doe

Background

The court previously dismissed Marcus Wright’s complaint for failure to state a claim and gave him 30 days to submit an amended complaint. The court had allowed Wright to proceed without paying the full filing fee at the start of the case. Wright did not file an amended complaint. Instead, the court received his January 27, 2025 letter asking for a refund because the action had been dismissed.

On August 28, 2024, Wright had signed a prisoner authorization stating that the full $350 filing fee would be deducted from his prison account in installments, even if his case were dismissed or he voluntarily withdrew it.

Court’s reasoning

The Prison Litigation Reform Act requires a prisoner who proceeds without prepaying the filing fee to pay the full fee, although payment may be collected from the prisoner’s account in installments. The court explained that dismissal of the case does not cancel the remaining fee obligation or require the return of amounts already paid. Because Wright had signed an authorization acknowledging that requirement, the court concluded that he was not entitled to a refund.

Ruling

The court denied Wright’s request for a refund. It also certified that an appeal from the order would not be taken in good faith and denied Wright permission to appeal without prepaying the fee. The court directed the Clerk of Court to enter judgment in the action. Judge Laura Taylor Swain signed the order.