Nottingham v. Warden

Plaintiff filed suit alleging constitutional violations arising out of his incarceration in a TDCJ prison. On appeal, defendant challenged the dismissal of his suit under Federal Rule of Civil Procedure 41(b) for failure to comply with court orders. The court concluded that the district court did not abuse its discretion in dismissing this action pursuant to Rule 41(b), because the district court has the authority to order financial disclosures after a plaintiff withdraws his or her in forma pauperis (IFP) application in favor of paying the filing fee; the district court's inquiry into whether plaintiff's allegations of poverty were true was well within the district court's discretion; the court rejected plaintiff's argument that his noncompliance can be excused on the ground that the district court lacked the authority to require him to complete the questionnaire after he paid the filing fee; the district court had reason to suspect that plaintiff's IFP application contained false information as this was the third time he has withdrawn his IFP application after being pressed for additional information; and plaintiff's conduct demonstrates contumaciousness. Accordingly, the court affirmed the judgment. View "Nottingham v. Warden" on Justia Law