Pharaoh El-Forever Left-i Amen El v. Schnell
Pharaoh El-Forever Left-i Amen El v. Paul Schnell, Guy Bosch, Michelle Smith, Wanchena, Connors Karel, Marisa Williams, Jones, Dan Huff, Minnesota Department of Health Commissioner, N. Lewis, Bolin, Jane Doe 1-3, John Doe 1-3, and Officials Public Hazard Bonds
- Paul Magnuson
- 0:26-cv-00236
- U.S. District Court · District of Minnesota
- 2
In Pharaoh El-Forever Left-i Amen El v. Paul Schnell et al., Judge Paul A. Magnuson dismissed the case without prejudice at the plaintiff's own request but denied the plaintiff's request for a refund of the $5.00 partial filing fee he had already paid.
Prisoners and other pro se litigants who have paid partial filing fees under the federal in forma pauperis statute and later seek to voluntarily dismiss their cases, particularly those in the Eighth Circuit.
What happened
In Pharaoh El-Forever Left-i Amen El v. Paul Schnell, Guy Bosch, Michelle Smith, Wanchena, Connors Karel, Marisa Williams, Jones, Dan Huff, Minnesota Department of Health Commissioner, N. Lewis, Bolin, Jane Doe 1-3, John Doe 1-3, and Officials Public Hazard Bonds, a prisoner representing himself asked the court to voluntarily drop his own lawsuit and to refund the $5.00 partial filing fee he paid on February 27, 2026.
Because none of the defendants had been served and no defendant had filed an answer or a motion for summary judgment, the plaintiff had an automatic right under the Federal Rules of Civil Procedure to dismiss his own case without court permission. The court granted that part of his request, formally closing the case without prejudice — meaning the plaintiff is not permanently barred from bringing similar claims again in the future.
However, Judge Paul A. Magnuson denied the request for a $5.00 refund. The court explained that federal law governing filing fees does not authorize courts to return fees once they have been paid, and that the Eighth Circuit Court of Appeals has ruled that a prisoner's obligation to pay filing fees survives even if the case is later dismissed.
The detailed version
- Pharaoh El-Forever Left-i Amen El v. Schnell · No. 0:26-cv-00236
- Paul Magnuson
- Apr. 3, 2026
Background
Plaintiff Pharaoh El-Forever Left-i Amen El, a prisoner proceeding pro se (representing himself without an attorney), filed a civil action against numerous defendants including Minnesota correctional and health officials. On February 27, 2026, he paid a $5.00 partial filing fee, which is the type of reduced fee assessed under 28 U.S.C. § 1915, the federal statute governing proceedings where a party cannot afford the full filing cost. He subsequently filed a motion (Docket No. 14) asking the court both to voluntarily dismiss the case without prejudice and to refund the $5.00 fee.
Voluntary Dismissal
The court noted that no defendant had been served and that no defendant had filed an answer or a motion for summary judgment. Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff has an automatic right to dismiss a case without prejudice before any defendant serves an answer or a motion for summary judgment. Because those conditions were met, the dismissal required no judicial discretion — it was a matter of right. The court granted this portion of the motion and entered a dismissal without prejudice, meaning the plaintiff is not barred from filing similar claims in the future.
Refund Request
The court denied the request for a refund of the $5.00 partial filing fee. The court's reasoning rested on two grounds:
1. Statutory authority: Neither 28 U.S.C. § 1914 (the general statute governing district court filing fees) nor 28 U.S.C. § 1915 (governing reduced-fee or fee-waiver proceedings for indigent litigants) authorizes a court to return filing fees once paid.
2. Eighth Circuit precedent: The court cited In re Tyler, 110 F.3d 528, 529–30 (8th Cir. 1997), in which the Eighth Circuit Court of Appeals held that a prisoner's obligation to pay filing fees attaches at the moment the civil action is filed and survives any subsequent dismissal of the case. The court found no exception applicable here.
Disposition
The court's order: - Granted the motion to the extent it sought dismissal; the case is dismissed without prejudice under Rule 41(a)(1)(A)(i). - Denied the request for a refund of the $5.00 partial filing fee. - Directed that judgment be entered accordingly.
Reviewer note from the AI+
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.