Zackery J. Askins v. Commander

Summary

The United States District Court for the District of Kansas dismissed Zackery J. Askins’s pro se civil rights action under 42 U.S.C. § 1983 without prejudice. The court dismissed the action under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to pay the initial partial filing fee or object by the court-ordered deadline, and denied his pending motions as moot.

Holdings

1. The court dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to submit the initial partial filing fee or file an objection by the court's deadline.
2. Plaintiff's motions for a preliminary injunction and temporary restraining order, discovery, and appointment of counsel were denied as moot following dismissal of the action.

Questions Presented

1. Whether the district court could dismiss the action without prejudice under Federal Rule of Civil Procedure 41(b) after Plaintiff failed to pay the initial partial filing fee or object by the court-ordered deadline.
2. Whether Plaintiff's pending motions for a preliminary injunction and temporary restraining order, discovery, and appointment of counsel should be resolved after dismissal.

Disposition

dismissed