Saunders Franklin v. R.J. Person

Summary

The United States District Court for the Western District of Virginia dismissed Saunders Franklin's § 1983 action without prejudice after denying in forma pauperis status under the Prison Litigation Reform Act's three-strikes provision. The court found that Franklin failed to pay the filing fee or otherwise respond within the ordered 30-day period.

Holdings

1. A prisoner plaintiff whose request to proceed in forma pauperis has been denied under 28 U.S.C. § 1915(g) may have the action dismissed without prejudice when the plaintiff fails to pay the full filing fee or otherwise respond within the time ordered by the court.

Questions Presented

1. Whether the action should be dismissed without prejudice when the plaintiff, after being denied in forma pauperis status under 28 U.S.C. § 1915(g), failed to pay the filing fee or otherwise comply with the court's order.

Disposition

dismissed