UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

NATIONAL COLLEGIATE LOAN TRUST 

2006-3, 2007-4, a Delaware Statutory Trust, 

Plaintiff, 

Case No. 14-13638 

v. Hon. Sean F. Cox 

MARC D. SMITH and CAROLYN U. SMITH, 

Defendants. 

 /

OPINION AND ORDER 

I. INTRODUCTION 

This matter is before the Court on Defendant Marc D. Smith’s (“Marc Smith”) Request 

for Court Filing Fee Refund [dkt. 10]. For the reasons set forth below, Marc Smith’s request is 

DENIED. 

II. BACKGROUND 

Plaintiff filed its single-count complaint in the 36th District Court (Detroit, Michigan) on 

August 21, 2014, alleging that Defendants entered into a student loan and defaulted under the 

obligations of the contract by failing to pay as promised. On September 19, 2014, Defendants 

filed a Notice of Removal under 28 U.S.C. § 1441(a), claiming this Court had original 

jurisdiction under 28 U.S.C. §§ 1331 and 1332. On the same date, Marc Smith filed an 

application to proceed in forma pauperis. On September 30, 2014, this Court denied Marc 

Smith’s application to proceed in forma pauperis on the ground that the financial information in 

the application was insufficient [dkt. 4]. 

On November 13, 2014, the Court determined that Defendants had failed to establish a 

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basis for removal on the grounds of federal question or diversity jurisdiction and ordered 

Defendants to show cause why this Court has subject-matter jurisdiction over this matter [dkt. 5]. 

Defendants responded to the Court’s Order to Show Cause on December 3, 2014 [dkt. 7]. On 

January 7, 2015, this Court issued a substantive opinion remanding this matter for lack of 

subject-matter jurisdiction [dkt. 8]. Marc Smith subsequently filed his Request for Court Filing 

Fee Refund [dkt. 10]. 

III. ANALYSIS 

Marc Smith seeks a refund of his filing fee on the basis that his case will not be heard in 

this District and that he would benefit from the refund due to his commission-based employment. 

The Judicial Conference of the United States, however, “has a long-standing policy prohibiting 

the refund of fees.” Administrative Order No. 07-AO-004 (E.D. Mich. Apr. 18, 2007). “The 

Judicial Conference’s current policy on refunding filing fees, in effect since 1949, has been 

broadly interpreted to generally prohibit refunds of fees due upon filing, even if a party filed the 

case in error or the court dismissed the case or proceeding.” Guide to Judiciary Policy, Volume 

4, Chapter 6, § 650.10 (emphasis added). The Judicial Conference has, however, granted courts 

limited refund authority when a filer erroneously pays a fee through a court’s Case 

Management/Electronic Case Files (“CM/ECF”) system. See id. at § 650.20. 

In the Eastern District of Michigan, the Court has the authority to refund a fee when a 

CM/ECF filer erroneously paid (a) a duplicate fee payment related to the submission of a single 

document or (b) a fee payment when no fee was due. See Administrative Order No. 07-AO-004 

(E.D. Mich. Apr. 18, 2007). The Court finds that Marc Smith’s request for refund falls outside 

the scope of the limited refund authority granted by the Judicial Conference and adopted by this 

District in Administrative Order No. 07-AO-004. Therefore, Marc Smith’s request shall be 

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denied. 

IV. CONCLUSION 

Accordingly, and for the reasons set forth above, IT IS HEREBY ORDERED that 

Defendant Marc Smith’s Request for Court Filing Fee Refund [dkt. 10] is DENIED. 

IT IS SO ORDERED. 

 

Dated: June 25, 2015 s/ Sean F. Cox 

 Sean F. Cox 

 United States District Judge 

 I hereby certify that on June 25, 2015, the document above was served on counsel of record via 

electronic means and upon Marc Smith and Carolyn Smith via First Class Mail at the address 

below: 

 Marc D Smith 

10295 Balfour Road 

Detroit, MI 48224 

 

 Carolyn Smith 

 10295 Balfour Road 

 Detroit, MI 48224 

 s/ Jennifer McCoy 

 Case Manager 

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