Summary
The United States District Court for the Eastern District of California recommends dismissing Thomas Joseph Melger’s 42 U.S.C. § 1983 action without prejudice. The recommendation is based on his failure to pay the filing fee and failure to comply with an order requiring payment after the court determined that he had not plausibly shown imminent danger under the three-strikes provision of 28 U.S.C. § 1915(g). The court also orders the Clerk to randomly assign a district judge and permits objections within twenty-one days.
Court
United States District Court for the Eastern District of California
Jurisdiction
United States District Court for the Eastern District of California
Decision date
December 1, 2025
Docket number
2:25-cv-02566 SCR P
Disposition
other
Questions Presented
- Whether the action should be dismissed without prejudice for failure to pay the filing fee.
- Whether the action should be dismissed without prejudice for failure to comply with the court's order directing payment of the filing fee.
Holdings
- A party who is not proceeding in forma pauperis must pay the filing fee, and the court may dismiss the action without prejudice when the party fails to do so.
- Dismissal without prejudice was appropriate because plaintiff failed to comply with the court's order, after consideration of the applicable five-factor dismissal framework and less drastic alternatives.
Court Document
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