Summary
The United States District Court for the District of Nevada dismisses Oliver Thomas Miller’s 42 U.S.C. § 1983 action against Clark County without prejudice. The court finds that Miller failed to pay the civil filing fee or submit a complete application to proceed in forma pauperis by the court-ordered deadline, and denies his motion for appointment of counsel as moot.
Holdings
- The action should be dismissed without prejudice because Miller failed to pay the $405 filing fee or file a complete in forma pauperis application by the court-ordered deadline.
- Miller's motion for appointment of counsel was denied as moot because the action was dismissed.
Questions Presented
- Whether the action should be dismissed without prejudice because Miller failed to comply with the magistrate judge's order to pay the filing fee or file a complete in forma pauperis application.
- Whether Miller's motion for appointment of counsel remained viable after dismissal of the action.
Disposition
dismissed
Cases Cited (8)
- Thompson v. Hous. Auth. of City of L.A., 782 F.2d 829, 831 (9th Cir. 1986)(followed)
- Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988)(followed)
- Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th Cir. 1987)(followed)
- In re Phenylpropanolamine Prod. Liab. Litig., 460 F.3d 1217, 1226 (9th Cir. 2006)(followed)
- Anderson v. Air West, 542 F.2d 522, 524 (9th Cir. 1976)(followed)
- Yourish v. Cal. Amplifier, 191 F.3d 983, 992 (9th Cir. 1999)(followed)
- Pagtalunan v. Galaza, 291 F.3d 639, 643 & n.4 (9th Cir. 2002)(followed)
- Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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