Kenneth Spradley v. Todd Barrere, et al, No. 16-30042 (5th Cir. 2016)

 Annotate this Case
Download PDF
Case: 16-30042 Document: 00513725563 Page: 1 Date Filed: 10/19/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-30042 Summary Calendar FILED October 19, 2016 Lyle W. Cayce Clerk KENNETH SPRADLEY, Plaintiff-Appellant v. TODD BARRERE; DONALD JOHNSON; CRAIG WHITE, Defendants-Appellees Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:15-CV-653 Before JONES, WIENER, and CLEMENT, Circuit Judges. PER CURIAM: * Kenneth Spradley, Louisiana prisoner # 101526, appeals the district court’s dismissal without prejudice of his 42 U.S.C. § 1983 complaint for failing to comply with the court’s order to pay the filing fee. The district court determined that Spradley was barred from proceeding in forma pauperis, pursuant to the three-strikes provision of 28 U.S.C. § 1915(g), and ordered 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 16-30042 Document: 00513725563 Page: 2 Date Filed: 10/19/2016 No. 16-30042 Spradley to pay the filing fee within 21 days of the court’s order. Spradley did not comply. We review a district court’s dismissal of an action for failure to prosecute or for failure to comply with any court order for abuse of discretion. McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988). Spradley does not challenge the district court’s conclusion that he failed to comply with the court’s order to pay the initial filing fee. By failing to brief any argument challenging the district court’s reason for dismissal, Spradley has abandoned the issue. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993); Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Thus, he has not shown that the district court abused its discretion in dismissing his action without prejudice. See McCullough, 835 F.2d at 1127. The judgment of the district court is AFFIRMED. motions are DENIED. 2 All outstanding

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.