L.C. Cunningham v. Lopez

Summary

The United States District Court for the Eastern District of California dismissed L.C. Cunningham’s 42 U.S.C. § 1983 action without prejudice after he failed to pay the required filing fee. The court directed the Clerk to close the case, relying on the prior order denying in forma pauperis status and requiring payment.

Holdings

1. When a plaintiff's application to proceed in forma pauperis has been denied, the plaintiff fails to pay the required filing fee by the court-ordered deadline, and the plaintiff was warned that nonpayment would result in dismissal, the action may be dismissed without prejudice.
2. The court's service of the order was effective under Local Rule 182(f), notwithstanding its return as undeliverable, unclaimed, and return-to-sender.

Questions Presented

1. Whether the action should be dismissed without prejudice after plaintiff failed to pay the filing fee following denial of his application to proceed in forma pauperis.

Disposition

dismissed