Kelly v. Oglesby

Summary

The United States District Court for the Eastern District of California dismissed James Carl Kelly’s action without prejudice after he failed to pay the filing fee despite being ordered to do so following a determination that he had three strikes under 28 U.S.C. § 1915(g). The court directed the Clerk to close the case.

Holdings

1. A prisoner action subject to the three-strikes provision may not proceed without payment of the required filing fee, and failure to pay after a court order warrants dismissal without prejudice.

Questions Presented

1. Whether the action should be dismissed without prejudice when a prisoner subject to the three-strikes provision fails to pay the filing fee after being ordered to do so.

Disposition

dismissed