Austin Watkins v. Cotton Correctional Facility

Summary

The United States District Court for the Eastern District of Michigan dismissed Austin Watkins’s 42 U.S.C. § 1983 civil rights complaint without prejudice. The dismissal was based on his failure to pay the filing and administrative fee or provide the required documentation to proceed in forma pauperis under the Prison Litigation Reform Act.

Holdings

1. When a prisoner does not pay the full filing fee and fails to provide the documents required to proceed in forma pauperis after being notified of the deficiency and given 30 days to correct it, the district court must presume the prisoner is not a pauper, assess the full filing fee, and dismiss the action for want of prosecution. Because Watkins failed to comply with the deficiency order, dismissal without prejudice was proper.

Questions Presented

1. Whether a prisoner’s § 1983 complaint may be dismissed without prejudice when the prisoner fails to pay the filing fee or provide the documentation required to proceed in forma pauperis after receiving notice of the deficiency and an opportunity to cure.

Disposition

dismissed