Narrative Opinion Summary
Noerman Charles Pickett, Jr., a California state prisoner, appeals the district court's dismissal of his 42 U.S.C. § 1983 action due to his failure to pay a $4.27 partial filing fee as ordered by the magistrate judge. The court holds jurisdiction under 28 U.S.C. § 1291 and reviews the dismissal for abuse of discretion. The Ninth Circuit affirms the dismissal, noting that Pickett did not provide any justification for his noncompliance despite being warned of potential dismissal and having sufficient funds in his prison trust account. The ruling confirms that the district court acted within its discretion in dismissing the case without prejudice under Federal Rule of Civil Procedure 41(b). The decision is not intended for publication and cannot be cited in future cases except as permitted by Ninth Circuit Rule 36-3.
Legal Issues Addressed
Abuse of Discretion Standard in Reviewing Dismissalssubscribe to see similar legal issues
Application: The appellate court reviewed the district court's dismissal of the case for abuse of discretion and found no error in the district court's decision to dismiss the case.
Reasoning: The court holds jurisdiction under 28 U.S.C. § 1291 and reviews the dismissal for abuse of discretion.
Dismissal of Case for Nonpayment of Filing Feessubscribe to see similar legal issues
Application: The court dismissed the plaintiff's action due to his failure to pay the ordered partial filing fee, reinforcing the requirement for compliance with court orders regarding fee payment.
Reasoning: Noerman Charles Pickett, Jr., a California state prisoner, appeals the district court's dismissal of his 42 U.S.C. § 1983 action due to his failure to pay a $4.27 partial filing fee as ordered by the magistrate judge.
Dismissal Without Prejudice Under Federal Rule of Civil Procedure 41(b)subscribe to see similar legal issues
Application: The district court's dismissal of the case was upheld as a valid exercise of discretion for failure to prosecute or comply with court orders, without prejudice.
Reasoning: The ruling confirms that the district court acted within its discretion in dismissing the case without prejudice under Federal Rule of Civil Procedure 41(b).
Non-Publication and Citation Restrictions Under Ninth Circuit Rulessubscribe to see similar legal issues
Application: The decision in this case is designated as non-precedential and cannot be cited in future cases, aligning with Ninth Circuit rules regarding unpublished opinions.
Reasoning: The decision is not intended for publication and cannot be cited in future cases except as permitted by Ninth Circuit Rule 36-3.
Requirement of Justification for Noncompliance with Court Orderssubscribe to see similar legal issues
Application: The court emphasized that the plaintiff failed to provide any justification for not complying with the fee payment order despite having sufficient funds.
Reasoning: The Ninth Circuit affirms the dismissal, noting that Pickett did not provide any justification for his noncompliance despite being warned of potential dismissal and having sufficient funds in his prison trust account.