Davis v. The Bank of New York Mellon

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT Noe □□ FILED SOUTHERN DISTRICT OF NEW YORK x DATE FILED: 11/20/2024 _ COREY DAVIS, Plaintiff, : 1:24-cv-7303-GHW -v- : ORDER THE BANK OF NEW YORK MELLON, : Defendant. :

□□□ KX GREGORY H. WOODS, United States District Judge: Plaintiff Corey Davis, who appears pro se, moves to “voluntarily withdraw [this] matter.” Dkt. No. 6 (Mot. to Withdraw”) at 1. The Court construes Plaintiffs request as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(). Plaintiff also requests “an Order directing the Clerk of the Court to issue a refund .. . in the amount of the filing fee.” Mot. to Withdraw at 1. “The law is well-settled that once payment of the filing fee has been collected, it cannot be waived or refunded, regardless of the outcome of the action.” Ball v. Goldfar, 2020 WL 474448, at *2, n.2 (N.D.N.Y. Jan. 28, 2020) (Sharpe, J.) (citing Gozns v. DeCaro, 241 F.3d 260, 262 (2d Cir. 2001) (incarcerated person who withdraws his appeal is not entitled to a refund of the filing fee paid or a cancellation of the remaining indebtedness)). Accordingly, Plaintiffs request for the Clerk of Court to issue a refund is denied. The Clerk of Court is directed to terminate all pending motions and close this case. The Clerk of Court is also directed to mail a copy of this order to Plaintiff. SO ORDERED. Dated: November 20, 2024 New York, New York GREG¢ DY WOODS United States District Judge