Anthony Lee Allen, Jr. v. Daneile Cuevo, et al.

Summary

The court found that plaintiff Anthony Lee Allen, Jr. was disqualified from proceeding in forma pauperis under the three-strikes provision of 28 U.S.C. § 1915(g). After plaintiff failed to pay the filing fee or respond to the court's order, the magistrate judge recommended dismissal without prejudice for failure to pay the fee. The order also directed the clerk to randomly assign a district judge and advised the parties regarding objections.

Holdings

1. The magistrate judge recommended that the action be dismissed without prejudice because plaintiff failed to pay the filing fee or otherwise respond after being found ineligible to proceed in forma pauperis under the three-strikes provision.

Questions Presented

1. Whether the action should be dismissed without prejudice after plaintiff failed to pay the filing fee following a determination that he could not proceed in forma pauperis under 28 U.S.C. § 1915(g).

Disposition

other