- 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL PATRICK JOLIVETTE, No. 2:21-cv-0332-KJM-EFB P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF SOLANO, et al., 15 Defendants. 16 17 18 Plaintiff is a state prisoner proceeding without counsel in this action brought pursuant to 19 42 U.S.C. § 1983. Plaintiff’s initial 34-page filing, entitled “Complaint for Registration of a 20 Judgment From Another District [42 U.S.C. § 1983],” was liberally construed as a prisoner civil 21 rights complaint and this civil action was opened. ECF No. 1. Plaintiff, who is barred from 22 proceeding in forma pauperis according to 28 U.S.C. § 1915(g), paid the $402 filing fee. See 23 ECF No. 7. Subsequently, the court screened the complaint recommended that this action be 24 dismissed for lack of subject matter jurisdiction and as frivolous. ECF No. 12. Plaintiff now 25 requests a partial refund of the filing fee on the ground that his case should have been opened as a 26 “miscellaneous” action to register a foreign judgment. ECF Nos. 16, 17. He is mistaken. 27 ///// 28 ///// 1 Under Rule 3 of the Federal Rules of Civil Procedure, “‘A civil action is commenced by 2 | filing a complaint with the court.” Plaintiff commenced this civil action by filing a complaint 3 || with the court. ECF No. 1. In the complaint, plaintiff alleges numerous violations of his 4 | constitutional rights pursuant to 42 U.S.C. § 1983. See id. at 1-2, 5 (including due process, equal 5 || protection, and access to the court). He also invokes supplemental jurisdiction over unidentified 6 || state law claims. /d. at 2. Significantly, the complaint seeks relief beyond the miscellaneous task 7 || of registering a foreign money judgment. See id. at 5, 13, 18-20 (requesting that the court “issue 8 | and grant an order to enforce the expressed contractual agreement by and between the Parties .. .” 9 || and for various forms of declaratory and injunctive relief). The Clerk of the Court properly 10 || opened this case as a civil action — the proper vehicle for seeking such relief. Thus, the case 11 || should not be re-designated as a “miscellaneous” case, which carries only a $47 fee, and no 12 | refund is due. 13 Accordingly, it is RECOMMENDED that plaintiffs request for a partial refund of the 14 | filing fee and for the re-designation of this action as “miscellaneous” (ECF Nos. 16 & 17) be 15 | DENIED. 16 These findings and recommendations are submitted to the United States District Judge 17 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 18 | after being served with these findings and recommendations, any party may file written 19 || objections with the court and serve a copy on all parties. Such a document should be captioned 20 || “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 21 || within the specified time may waive the right to appeal the District Court’s order. Turner v. 22 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 23 || Dated: September 23, 2021. 24 Doolin 7 Sod 4 25 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 26 27 28
Document Info
Docket Number: 2:21-cv-00332
Filed Date: 9/23/2021
Precedential Status: Precedential
Modified Date: 6/19/2024