Prather v. Oklahoma Pardon and Parole Board, 5:12-cv-01348

Plaintiff Shan D. Prather, a state prisoner, filed a pro se action under 42 U.S.C. §1983 against the Oklahoma Pardon and Parole Board and others.
The matter was referred to a United States magistrate judge for initial proceedings.
The court previously issued an Order to Show Cause due to Prather’s history of filing numerous cases and failing to pay the filing fee or seek leave to proceed without prepayment.
In many prior cases, Prather was notified of the filing-fee requirement and failure to cure deficiencies, and he failed to address these issues.
Prather again filed the instant action without paying the $350 filing fee or requesting leave to proceed without prepayment, despite prior warnings.
After reviewing the record, the magistrate judge recommends dismissal without prejudice for failure to comply with court orders and due to the potential three-strikes status under 28 U.S.C. §1915.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether dismissal for failure to cure filing-fee deficiencies is proper	Prather has not submitted arguments challenging dismissal.	Court may dismiss for noncompliance with its orders to cure deficiencies.	Yes, dismissal without prejudice proper.
Whether three-strikes under 28 U.S.C. §1915 supports dismissal	Not stated in the record.	Plaintiff has accumulated three strikes in related cases.	Yes, court notes three strikes and dismisses.
Whether the plaintiff received adequate notice and opportunity to respond	Not stated in the record.	Court issued prior show-cause orders and warnings.	Yes, despite notice, no response; dismissal warranted.

Nasious v. Two Unknown B.I.C.E. Agents at Arapahoe County Justice Center, 492 F.3d 1158 (10th Cir. 2007) (sua sponte dismissal for failure to comply with court's order permitted; plaintiff warned of deficiencies)
Moore v. United States, 950 F.2d 656 (10th Cir. 1991) (waiver of right to appellate review upon failure to timely object)