Phillips v. Lancaster County Corrections, County Jail; Boris Kapor

Summary

The United States District Court for the District of Nebraska ordered Ian Jon Phillips to show cause why his prisoner civil-rights action should not be dismissed for failing to pay the required initial partial filing fee. The court gave Phillips 30 days to respond and directed that the case be dismissed without prejudice if he failed to show sufficient cause.

Holdings

1. Before dismissing the action for nonpayment of the initial partial filing fee, the court must allow Plaintiff to show that the failure to pay resulted from circumstances beyond his control, including prison officials' failure to process a request to remit payment from his account.
2. Immediate dismissal was not warranted; Plaintiff was given 30 days to show cause, and the case would be dismissed without prejudice and without further notice if he failed to show sufficient cause.

Questions Presented

1. Whether an imprisoned civil plaintiff who has not paid an ordered initial partial filing fee should be given an opportunity to show cause before the action is dismissed.
2. Whether the case should be dismissed at that time for Plaintiff's failure to pay the initial partial filing fee.

Disposition

other