Ryan Abair v. Saks Fifth Avenue Retail Company

Summary

The court dismissed the action without prejudice because the plaintiff neither filed a complete request to proceed in forma pauperis nor paid the filing fee. The dismissal also rested on the plaintiff’s failure to comply with the court’s prior order directing her to correct the filing or pay the fee.

Holdings

1. A civil action may be dismissed without prejudice when the plaintiff neither establishes eligibility to proceed in forma pauperis through a complete request nor pays the required filing fee.
2. A district court may dismiss an action without prejudice when the plaintiff fails to comply with a court order requiring a completed in forma pauperis request or payment of the filing fee.

Questions Presented

1. Whether the action should be dismissed without prejudice because Plaintiff failed to file a complete in forma pauperis request or pay the required filing fee.
2. Whether the action should be dismissed without prejudice because Plaintiff failed to comply with the court's order.

Disposition

dismissed