Unreported / Non-Citable
Background
Monte Albert filed a complaint under 42 U.S.C. § 1983 alleging that the Travis County Clerk’s office violated his due process rights by obstructing his access to certain records. On the same day, he moved to proceed in forma pauperis and to recuse the assigned district judge, Judge Alan D. Albright. The district court denied both motions and later denied Albert’s second request to proceed in forma pauperis.
After Albert failed to pay the filing fee, the district court dismissed his claims without prejudice. Albert appealed the denial of his second in forma pauperis motion, the denial of recusal, and the dismissal. The Fifth Circuit separately denied his request to proceed in forma pauperis on appeal, and Albert then paid the appellate filing fee.
The Court’s Holding
The Fifth Circuit found no reversible error in the district court’s denial of Albert’s second motion to proceed in forma pauperis or in the dismissal without prejudice for failure to pay the filing fee. It therefore affirmed those rulings.
The court dismissed Albert’s challenge to the denial of recusal as moot because Judge Albright had resigned from the bench at the end of August 2026. Any newly asserted claims would be assigned to a different judge, leaving the appellate court unable to grant Albert any effectual relief on the recusal issue. The court also denied all pending motions.
Key Takeaways
- The Fifth Circuit affirmed the denial of Albert’s second request to proceed in forma pauperis.
- The court upheld the dismissal without prejudice based on Albert’s failure to pay the district-court filing fee.
- Judge Albright’s resignation rendered Albert’s recusal challenge moot because any new claims would be assigned to another judge.
Why It Matters
The decision confirms that dismissal without prejudice may stand when a litigant whose in forma pauperis request has been denied fails to pay the required filing fee. It also illustrates how a judge’s departure from the bench can moot a recusal challenge when no effectual appellate relief remains available.