Reported / Citable
Background
Pro se plaintiff Latrice Salvador filed a new civil complaint on January 9, 2026, naming Officer Hurtado and seven other defendants. The case was referred to Magistrate Judge Hal R. Ray, Jr. for judicial screening.
Salvador sought to proceed in forma pauperis, but the court found her application deficient because she had not submitted the required long-form application. The court ordered her by January 27 either to pay the $405 filing and administrative fees or submit a complete long-form application, warning that noncompliance could lead to dismissal for failure to prosecute.
The Court’s Holding
Magistrate Judge Ray recommended that the district court dismiss Salvador’s complaint without prejudice under Federal Rule of Civil Procedure 41(b). The recommendation rested on Salvador’s failure to pay the fees, file a complete in forma pauperis application, seek more time, or otherwise communicate with the court after the deadline expired.
The magistrate judge explained that Rule 41(b) permits sua sponte dismissal for failure to prosecute or comply with court orders. The recommendation remains subject to objections and review by the district judge under 28 U.S.C. § 636(b)(1).
Key Takeaways
- This was a recommendation, not a final dismissal order by the district judge.
- A deficient in forma pauperis application must be cured when the court orders a plaintiff to do so.
- Failure to comply with a fee or filing order may warrant dismissal without prejudice under Rule 41(b).
Why It Matters
The recommendation illustrates that pro se status does not excuse noncompliance with court-ordered filing-fee or in forma pauperis requirements. A dismissal without prejudice would permit Salvador to refile, but only after addressing the procedural deficiency.