Bell v. Kay

Dist. Ct. erred in dismissing for want of prosecution plaintiff-prisoner’s section 1983 action, where instant dismissal was based on Dist. Ct.’s denial of plaintiff’s application to proceed in forma pauperis due to plaintiff’s failure to attach copy of his inmate trust account ledger to support said application. Remand was required where plaintiff explained that failure to attach ledger was based on prison staff’s refusal to give ledger to him, and Dist. Ct. improperly dismissed instant lawsuit without first evaluating plaintiff’s exculpatory explanation for his failure to attach ledger. Dist. Ct. also failed to address plaintiff’s post-dismissal contention that he never received order denying his application for in forma pauperis status and setting forth requirement to either pay full fee or to submit new application with copy of trust fund ledger.