Pharaoh El-Forever Left-i Amen El v. Schnell
Pharaoh El-Forever Left-i Amen El v. Paul Schnell, Guy Bosch, Michelle Smith, Wanchena, Connors Karel, Marisa Williams, Jones, Dan Huff, Minnesota Department of Health Commissioner, N. Lewis, Bolin, Jane Doe 1-3, John Doe 1-3, and Officials Public Hazard Bonds
- Paul Magnuson
- 0:26-cv-00236
- U.S. District Court · District of Minnesota
- 2
In Amen El v. Schnell, Judge Magnuson granted pro se prisoner Pharaoh El-Forever Left-i Amen El's request to voluntarily dismiss his case without prejudice but denied his request for a $5.00 filing fee refund.
Prisoners who file civil lawsuits pro se and later seek to voluntarily dismiss their cases, particularly those who wish to recover already-paid filing fees.
What happened
In Amen El v. Schnell (No. 26-236), a prisoner named Pharaoh El-Forever Left-i Amen El filed a lawsuit pro se (without a lawyer) against numerous defendants including Minnesota corrections and health officials. Before the case progressed, he filed a motion asking the court to voluntarily dismiss his own case and also to refund the $5.00 partial filing fee he had already paid.
Because none of the defendants had been served and no answers or motions had been filed, federal court rules allowed Amen El to dismiss the case on his own, without needing the court's permission. The court recognized this right and formally recorded the dismissal. However, the court denied the refund request, explaining that federal law does not allow courts to return filing fees once they have been paid, and that under Eighth Circuit precedent, a prisoner's obligation to pay filing fees remains even if the case is later dismissed.
Judge Paul A. Magnuson granted the motion for voluntary dismissal, dismissing the case without prejudice (meaning Amen El is not barred from refiling), but denied the request for a refund of the $5.00 partial filing fee.
The detailed version
- Pharaoh El-Forever Left-i Amen El v. Schnell · No. 0:26-cv-00236
- Paul Magnuson
- Apr. 3, 2026
Background
Plaintiff Pharaoh El-Forever Left-i Amen El, a prisoner proceeding pro se (without an attorney), filed a civil action against a large group of defendants, including Paul Schnell, Guy Bosch, Michelle Smith, Wanchena, Connors Karel, Marisa Williams, Jones, Dan Huff, the Minnesota Department of Health Commissioner, N. Lewis, Bolin, several Jane and John Does, and entities listed as "Officials Public Hazard Bonds." The opinion does not describe the underlying claims in detail.
Amen El paid a $5.00 partial filing fee on February 27, 2026. He subsequently filed a Motion for Voluntary Dismissal and Refund (Docket No. 14), seeking to end the case and recover the fee already paid.
Voluntary Dismissal
The court noted that no defendant had been served and no answer or motion for summary judgment had been filed. Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may voluntarily dismiss a case without a court order when these conditions are met — the right of dismissal is automatic. The court memorialized and formally recorded the dismissal without prejudice, meaning Amen El is not barred from refiling the same claims.
Refund Request
The court denied the request for a refund of the $5.00 partial filing fee. The court explained that neither 28 U.S.C. § 1914 (governing filing fees generally) nor 28 U.S.C. § 1915 (governing proceedings where a party cannot afford fees, sometimes called "in forma pauperis" proceedings) authorizes the return of fees once paid. The court further cited Eighth Circuit precedent — specifically In re Tyler, 110 F.3d 528, 529–30 (8th Cir. 1997) — for the principle that a prisoner's obligation to pay filing fees attaches at the time the civil action is brought and survives any subsequent dismissal. The court found no applicable exception.
Disposition
- The Motion for Voluntary Dismissal and Refund (Docket No. 14) was granted in part: the case is dismissed without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i). - The request for a refund of the $5.00 partial filing fee was denied. - The court directed that judgment be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.