Summary
The Fifth Circuit affirmed the Middle District of Louisiana's dismissal without prejudice of Kenneth Spradley's 42 U.S.C. § 1983 complaint for failure to pay the filing fee after being barred from proceeding in forma pauperis under the three-strikes provision of 28 U.S.C. § 1915(g). The court held that Spradley abandoned any challenge to the stated basis for dismissal by failing to brief it and denied all outstanding motions.
Topics
Practice areas
Questions Presented
- Whether the district court abused its discretion by dismissing Spradley's § 1983 action without prejudice after he failed to comply with the order requiring payment of the filing fee.
Holdings
- The district court did not abuse its discretion by dismissing Spradley's action without prejudice after he failed to comply with the order requiring payment of the initial filing fee.
Key quotations
“By failing to brief any argument challenging the district court’s reason for dismissal, Spradley has abandoned the issue.” (670 F. App'x at 195)
Factual background
Kenneth Spradley, a Louisiana prisoner, filed a 42 U.S.C. § 1983 complaint and sought to proceed in forma pauperis. The district court concluded that the three-strikes provision barred him from proceeding in forma pauperis and ordered him to pay the filing fee within 21 days. Spradley failed to pay and did not challenge that failure on appeal.
Procedural history
The Middle District of Louisiana determined that Spradley was barred from proceeding in forma pauperis under the three-strikes provision of 28 U.S.C. § 1915(g) and ordered him to pay the filing fee within 21 days. Spradley did not comply, and the district court dismissed the action without prejudice. The Fifth Circuit affirmed.