United States Third Circuit

In a ruling consolidating for decision three cases involving questions regarding the payment of fees required by Federal Rule of Appellate Procedure, the present court concludes that voluntary dismissal of an appeal does not entitle an appellant to a refund of their filing and docketing fees, and the clerk of the circuit court is authorized to deny future motions to return or to waive appellate filing and docketing fees. Plaintiffs Mahabir and Porter's motions to withdraw their appeals are granted and their requests for return of their filing and docketing fees are denied, and plaintiff Telfair's motion for a fee waiver is denied.

Appellate Information

• Decided 04/16/2009
• Published 04/16/2009

Judges

• Before:  McKEE, RENDELL and SMITH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Susan B. Moorehead, Esq., Henry C. Smock, Esq., St. Thomas, VI, for Appellants Violet O. Mahabir, Loring W. Sewer, Marilyn E. Woodley, Irvin A. Sewer, Earl A. Sewer, Warren A. Sewer, Lucinda C. Anthony, Judith O. Callwood and Lorrel A. Sewer., Michael Buesgens, Dana M. Porter, Thomas Telfair, Proceeding Pro Se.


• For Appellees:
  
• Susan R. Becker, Esq., Office of United States Attorney, Philadelphia, PA, for Appellee Department of Treasury., Jeffrey B. Moorehead, Esq., Christiansted, VI, for Appellees Jewell Powell and Winston Powell, a/k/a/ Tommy Powell.