No. 99-50948
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-50948
Conference Calendar
GREGORY THOMAS DICKERSON,
Plaintiff-Appellant,
versus
JOHN CORNYN, Attorney General, State
of Texas; WILLIAM C. ZAPALAC,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-99-CV-387-JN
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February 16, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Gregory Thomas Dickerson (#592865), a state prisoner,
applied for leave to proceed in forma pauperis ("IFP") in this
civil rights action. Dickerson was ordered to pay an initial
partial filing fee of $2.28. Dickerson failed to pay the initial
partial filing fee. On August 18, 1999, the district court
dismissed the complaint without prejudice for failure to
prosecute. Dickerson appealed.
A complaint may be dismissed because of the plaintiff’s
failure to prosecute or for lack of compliance with the Federal
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 99-50948
-2-
Rules of Civil Procedure or a court order. Fed. R. Civ. P.
41(b); see Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962);
see also Hatchet v. Nettles, ___ F.3d ___ (5th Cir. Feb. 4, 2000,
No. 99-40084) (clarifying statutory procedures applicable to
prisoners’ IFP motions in the district court). The district
court’s order is reviewed for an abuse of discretion. Link, 370
U.S. at 633.
In cases involving prisoners proceeding IFP, the district
court is required to "assess and, when funds exist, collect, as
partial payment of any court fees required by law, an initial
partial filing fee. . . ." 28 U.S.C. § 1915(b)(1). "In no event
shall a prisoner be prohibited from bringing a civil action . . .
for the reason that the prisoner has no assets and no means by
which to pay the initial partial filing fee." § 1915(b)(4).
Because the entire balance of Dickerson's inmate trust account
was on hold, Dickerson had no apparent means by which to pay the
initial partial filing fee. Accordingly, the dismissal of the
complaint was an abuse of discretion. The order of dismissal is
VACATED and the case is REMANDED for further proceedings.
VACATED AND REMANDED.