Johnson v. Thomas ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41442
Summary Calendar
JUSTIN CHRISTOPHER JOHNSON,
Plaintiff-Appellant,
versus
BRENDA THOMAS, JOHN DOE, CO. III, JOHN DOE, SGT.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. G-95-CV-693
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July 22, 1999
Before DAVIS, DUHÉ, and PARKER, Circuit Judges.
PER CURIAM:1
Justin Christopher Johnson, prisoner # 615709, appeals the
district court’s dismissal without prejudice of his 42 U.S.C.
§ 1983 complaint, which was dismissed for failure to comply with an
order requiring him to make payment of the initial partial filing
fee required by the Prison Litigation Reform Act (PLRA). He
questions the applicability of the PLRA because it was enacted
after he filed his § 1983 complaint, and after he had been granted
in forma pauperis status. This argument lacks merit. See Larson
v. Scott, 157 F.3d 1030, 1032 (5th Cir. 1998). The district court
1
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that this opinion should not be published and is not precedent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.
did not abuse its discretion in dismissing Johnson’s complaint
without prejudice for want of prosecution. See id.
However, Johnson has since complied with the district court’s
order that he pay an initial partial filing fee, and he has
submitted a grievance form filed by him complaining that his
request for withdrawal forms went unanswered. The district court
apparently found Appellant’s reasons not credible. In light of the
language of the warden’s denial of the grievance that “[w]ithdrawal
slips are available upon request” and that “[s]upplies are passed
out once per shift” we cannot say the court erred. Accordingly,
the district court’s order dismissing Johnson’s § 1983 complaint
without prejudice for want of prosecution is
AFFIRMED.