Bryan Mitchell v. H. Gomez, et al.

Summary

The court dismissed Bryan Mitchell’s civil action without prejudice because he neither paid the filing fee nor submitted a complete in forma pauperis request. The dismissal followed the plaintiff’s failure to comply with a prior order within the allotted 30-day period.

Holdings

1. A civil action in federal district court requires payment of the filing fee unless the plaintiff is granted leave to proceed in forma pauperis; prisoners who receive in forma pauperis status remain responsible for the fee through installment payments.
2. The court may dismiss an action without prejudice when a plaintiff fails to comply with an order requiring payment of the filing fee or submission of a complete in forma pauperis request.

Questions Presented

1. Whether the action should be dismissed without prejudice because Plaintiff failed to pay the filing fee or submit a complete in forma pauperis request after being ordered to do so.

Disposition

dismissed