Allie Thomas Chester v. Jim Dykes

Summary

A United States magistrate judge recommends denying Plaintiff Allie Thomas Chester’s motion to proceed in forma pauperis because he failed to submit the required financial information and documentation. The recommendation further advises dismissing the civil rights action without prejudice unless Plaintiff pays the filing fee within 21 days after adoption of the recommendation.

Holdings

1. The magistrate judge recommended denying Plaintiff's motion to proceed in forma pauperis because Plaintiff failed to submit the required forms, financial information, institutional signature, and certified trust-account statements.
2. The magistrate judge recommended dismissing the action without prejudice if Plaintiff did not pay the full $405 filing fee within 21 days after the district court adopted the Report and Recommendation.

Questions Presented

1. Whether Plaintiff's failure to submit a compliant in forma pauperis application and certified trust-account statements warranted denial of IFP status.
2. Whether the action should be dismissed without prejudice if Plaintiff failed to pay the $405 filing fee within 21 days after adoption of the Report and Recommendation.
3. Whether a pro se litigant's failure to comply with a court order, together with the court's inherent authority to manage its docket, justified conditional dismissal for failure to prosecute.

Disposition

other