Jesse Joseph Aich v. State of Kansas, et al.

Summary

The United States District Court for the District of Kansas dismisses Jesse Joseph Aich’s pro se civil action without prejudice under Federal Rule of Civil Procedure 41(b). The dismissal follows Plaintiff’s failure to pay the required filing fee by the court-ordered deadline after in forma pauperis status was denied under the three-strikes provision of 28 U.S.C. § 1915(g).

Holdings

1. A district court may dismiss an action sua sponte under Federal Rule of Civil Procedure 41(b) when a plaintiff fails to comply with a court order, and plaintiff's failure to pay the court-ordered filing fee warranted dismissal without prejudice.

Questions Presented

1. Whether the court could dismiss the action without prejudice under Federal Rule of Civil Procedure 41(b) because plaintiff failed to comply with the court's order requiring payment of the filing fee.

Disposition

dismissed