Sharrod Moten v. Eastern District Courthouse of California, et al.

Summary

The United States District Court for the Eastern District of California dismissed Sharrod Moten’s 42 U.S.C. § 1983 action without prejudice for failure to pay the filing fee. The court had denied in forma pauperis status under the three-strikes provision of 28 U.S.C. § 1915(g) and ordered plaintiff to pay the filing fee, which he failed to do by the deadline.

Holdings

1. A prisoner civil-rights action may be dismissed without prejudice when the court denies in forma pauperis status, orders the plaintiff to pay the filing fee by a specified deadline, warns that failure to pay will result in dismissal, and the plaintiff does not pay.

Questions Presented

1. Whether the action should be dismissed without prejudice when the plaintiff failed to pay the filing fee after denial of in forma pauperis status and a warning that nonpayment would result in dismissal.

Disposition

dismissed