Reported / Citable
Background
Plaintiff Saints D. Infante filed a complaint without paying the filing fee. After the court ordered him either to submit a completed application to proceed in forma pauperis or pay the $405 filing fee, Infante submitted the application.
The magistrate judge subsequently determined that Infante was barred from proceeding in forma pauperis under the three-strikes rule. The court ordered him to pay the full filing fee within 30 days and warned that failure to do so would result in dismissal. Infante did not pay by the deadline and also failed to comply with an order requiring him to provide a current address.
The Court’s Holding
Magistrate Judge Ronald C. Griffin recommended that the district court dismiss the case without prejudice for want of prosecution under Federal Rule of Civil Procedure 41(b). The recommendation rested on Infante’s failure to pay the required filing fee, comply with the court’s address order, and otherwise prosecute the action.
The magistrate judge concluded that dismissal was the only available remedy given Infante’s inaction and would promote judicial economy. Dismissal without prejudice would leave Infante an opportunity to raise his claims again if necessary. The document was a report and recommendation, not a final adjudication by the district judge.
Key Takeaways
- A district court may dismiss an action on its own initiative under Rule 41(b) when a plaintiff fails to prosecute or obey court orders.
- A litigant barred by the three-strikes rule cannot proceed in forma pauperis and must pay the full filing fee absent an applicable exception.
- The magistrate judge recommended dismissal without prejudice, preserving the possibility that Infante could bring his claims in a later action.
Why It Matters
The recommendation illustrates that failure to satisfy filing-fee requirements or keep the court informed of a valid address can end a case before the merits are considered. Litigants who are subject to the three-strikes rule must comply with an order to pay the full fee if they wish to proceed.
Because the ruling was a magistrate judge’s report and recommendation, the parties had 14 days after service to file specific written objections before the district judge considered whether to adopt it.