Funtanilla v. Tristan
Funtanilla v. Tristan
Opinion of the Court
MEMORANDUM
Gregorio C. Funtanilla (“Funtanilla”), a California state prisoner, filed a civil rights action under 42 U.S.C. § 1983, al
In dismissing the proceeding despite this payment, the district court relied on Dupree v. Palmer, 284 F.3d 1234 (11th Cir. 2002), an Eleventh Circuit case in which the prisoner had paid the fee after dismissal. Here, in contrast, Funtanilla paid the fee prior to dismissal. Once Funtanilla’s fee was paid, the issue of his IFP status became moot. See Lipscomb v. Madigan, 221 F.2d 798, 798 (9th Cir. 1955). Because Funtanilla’s filing fee was paid prior to dismissal, the dismissal was in error.
REVERSED and REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.