Robert Philpott v. Sebastian County Sheriff's Office, et al.

Summary

The United States District Court for the Western District of Arkansas adopted a magistrate judge’s Report and Recommendation and overruled Robert Philpott’s objection. The court dismissed the § 1983 action without prejudice because Philpott failed to pay the filing fee after revocation of in forma pauperis status under the Prison Litigation Reform Act’s three-strikes rule, and found his request to remand the matter to state court moot.

Holdings

1. A plaintiff who has had in forma pauperis status revoked under the PLRA and who fails to pay the required filing fee does not properly prosecute the action and may have the case dismissed without prejudice for failure to comply with a court order.
2. The three-strikes provision does not unconstitutionally deny an indigent prisoner access to court because the prisoner may proceed by paying the full filing fee, and the imminent-danger exception remains available when its requirements are met.
3. The plaintiff's request to remand the § 1983 action to state court was moot because he had already filed suit concerning the matter in state court; in any event, the federal court had original jurisdiction over the § 1983 claim and could not remand it solely because the plaintiff preferred a state forum.

Questions Presented

1. Whether the plaintiff's failure to pay the filing fee after revocation of in forma pauperis status justified dismissal for failure to comply with a court order and properly prosecute the action.
2. Whether the PLRA's three-strikes provision, 28 U.S.C. § 1915(g), is unconstitutional or permits the action to proceed without payment of the filing fee.
3. Whether the federal court could remand the § 1983 action to state court at the plaintiff's request.

Disposition

dismissed