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Faulkner v. Pierce

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 11, 2006

JAMES V. FAULKNER, PETITIONER,
v.
GUY PIERCE AND THE ATTORNEY GENERAL FOR THE STATE OF ILLINOIS, RESPONDENTS.

The opinion of the court was delivered by: Herndon, District Judge

MEMORANDUM AND ORDER

Before the Court is Petitioner's motion for return of his appellate filing fee of $250 (Doc. 28). He believes that he is entitled to reimbursement of this fee because his request for issuance of certificate of appealability was denied by both this Court and the Seventh Circuit Court of Appeals. However, "the filing of a complaint (or appeal) is the act that creates the obligation to pay fees," and filing fees must be paid even when a case or appeal is later dismissed. See Hains v. Washington, 131 F.3d 1248, 1250 (7th Cir. 1997). Accordingly, the instant motion is DENIED.

IT IS SO ORDERED.

David R. Herndon DISTRICT JUDGE

20060411

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