United States District Court, S.D. Illinois
July 11, 2005.
FABIAN SANTIAGO, Plaintiff,
JONATHON WALLS, et al., Defendant.
The opinion of the court was delivered by: J. PHIL GILBERT, District Judge
MEMORANDUM AND ORDER
This matter comes before the Court on a June 29, 2005, letter
from plaintiff Fabian Santiago, which the Court has construed as
a motion to refund the $255 he paid to proceed on an
interlocutory appeal in this case (Doc. 145). He believes that
since the Court of Appeals dismissed his interlocutory appeal for
lack of jurisdiction, he is not obligated to pay the filing fee.
He is wrong. The obligation to pay the filing fee accrues when
the notice of appeal is filed regardless of the ultimate
disposition of the appeal. See Bell v. Clark, 194 F.3d 781,
781-82 (7th Cir. 1999). For this reason, the Court DENIES
Santiago's motion for a refund of his filing fee (Doc. 145).
IT IS SO ORDERED.
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