Summary
This United States District Court for the District of Nevada issued a dismissal order against pro se plaintiff Gregory Roble following his failure to pay the required $405 filing fee or submit a complete in forma pauperis application within court-imposed deadlines. After granting an extension, the court applied the standard multi-factor test for dismissal due to noncompliance and concluded that docket management concerns outweighed the policy favoring resolution on the merits. The court dismissed the civil rights action without prejudice and directed the plaintiff to file a new complaint if he wishes to pursue his claims.
Topics
Practice areas
Questions Presented
- Whether the district court may dismiss a civil‑rights action for a pro se plaintiff’s failure to file a complete in forma pauperis application or pay the required filing fee.
Holdings
- The action is dismissed without prejudice because the plaintiff failed to comply with the court’s order to file a complete in forma pauperis application or pay the filing fee.
Key quotations
“It is therefore ordered that this action is dismissed without prejudice based on Roble’s failure to file a fully complete application to proceed in forma pauperis or pay the full $405 filing fee.” (at 2)
Factual background
Gregory Roble, a prisoner at Ely State Prison, alleged constitutional violations under 42 U.S.C. §1983. He filed the suit pro se and was ordered to submit a complete in forma pauperis application or pay the filing fee, which he failed to do.
Procedural history
Pro se plaintiff Gregory Roble filed a 42 U.S.C. §1983 action. The court ordered him to file a complete in forma pauperis application or pay a $405 fee. He filed an incomplete application, missed the extended deadline, and the court dismissed the case.