Foust v. Ahadzia

Summary

The magistrate judge recommends dismissing the incarcerated plaintiff’s 42 U.S.C. § 1983 action without prejudice for failure to pay the filing fee and failure to comply with a court order. The recommendation follows the denial of in forma pauperis status under the three-strikes provision of 28 U.S.C. § 1915(g), the plaintiff’s failure to pay within the prescribed period, and his submission of nonresponsive filings.

Holdings

1. The magistrate judge recommended dismissal without prejudice because plaintiff failed to pay the filing fee within the time ordered and failed to comply with the court's instructions.

Questions Presented

1. Whether the action should be dismissed without prejudice because plaintiff failed to pay the filing fee after denial of in forma pauperis status.
2. Whether dismissal was appropriate because plaintiff failed to comply with the district judge's order and related court instructions.

Disposition

remanded