Reported / Citable
Background
Pro se plaintiff Angie M. Montemayor filed a new civil complaint on July 2, 2026, naming numerous people and entities as defendants. She also sought leave to proceed in forma pauperis, but did not use the required form.
The court ordered Montemayor to either pay the $405 filing and administrative fees or submit a properly completed in forma pauperis motion by July 21. It supplied the required form and warned that noncompliance could result in dismissal. Montemayor neither complied, sought more time, nor otherwise communicated with the court.
The Court’s Holding
Magistrate Judge Hal R. Ray, Jr. recommended that the district court dismiss the complaint without prejudice for lack of prosecution. The recommendation was based on Montemayor’s failure to pay the required fees, obtain permission to proceed in forma pauperis, or comply with the court’s order.
The magistrate judge concluded that Federal Rule of Civil Procedure 41(b) permits sua sponte dismissal for failure to prosecute or follow court orders. The recommendation remains subject to objections and review by the district judge.
Key Takeaways
- A plaintiff must pay the filing fees or obtain leave to proceed in forma pauperis.
- Failure to comply with an order correcting an in forma pauperis filing deficiency can support dismissal under Rule 41(b).
- The recommended dismissal is without prejudice, allowing the complaint to be refiled.
Why It Matters
The recommendation illustrates the procedural consequences of failing to address filing-fee requirements after a court provides notice, a deadline, and the necessary form. It also underscores that a magistrate judge’s recommendation is not final until the district judge acts after the objection period.