IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
April 4, 2006
CHARLES RICHARDS, PLAINTIFF
COMMONWEALTH OF PENNSYLVANIA; LINSEN MAYER; ALLEGHENY COUNTY JAIL DEPUTY WARDEN CALVIN LIGHTFOOT; TFO DANIEL SOROCZAK; TFO JEFF BRAUTIGAN; TROOPER WALKER; FRANK DREW; TROOPER SEELEY, DEFENDANTS
The opinion of the court was delivered by: Magistrate Judge Amy Reynolds Hay
Judge Thomas M. Hardiman
AND NOW, this 4th day of April, 2006, IT IS ORDERED that this Court's Order dated March 28, 2006, denying Plaintiff's Petition for Refund of the Filing fee, is hereby VACATED.
FURTHER, it appearing that the plaintiff was at the time of filing his civil rights complaint -- and remains -- in civil custody on an immigration matter at the York County Prison, this Court finds that plaintiff was not a "prisoner" within the meaning of 28 U.S.C. 1915(b) and (h) and, thus, was not required to pay the filing fee in this case. Agyeman v. INS, 296 F.3d 871, 885086 (9th Cir. 2002); LaFontant v. INS, 135 F.3d 158, 165 (D.C.Cir. 1998); Ojo v. INS, 106 F.3d 680, 682-83 (5th Cir. 1997); Gashi v. County of West Chester, 2005 WL 195517, *4-6 (S.D.N.Y. Jan. 27, 2005). Because the Court erroneously ordered plaintiff to pay the filing fee pursuant to the provisions of the Prison Litigation Reform Act, the Plaintiff is entitled to a refund of the filing fee.
Accordingly, IT IS ORDERED that the Clerk of Court shall issue a check in the amount of One Hundred and Fifty Dollars and No Cents ($150.00) to:
Charles Isaac Richards #83176 York County Prison 3400 Concord Road York, PA 17402
AMY REYNOLDS HAY United States Magistrate Judge
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