Jeffrey Taylor v. Delatoore, Deputy Huges, Deputy Unknown Duncan, Sgt. Rogers, Lt. Eriquez, Dr.
Opinion
Opinion
Tashima, J.
California state prisoner Jeffrey Taylor appeals the district court’s dismissal of his civil rights suit brought pursuant to 42 U.S.C. § 1983. Based on Taylor’s failure to pay an initial filing fee of $6.62, which the court had ordered pursuant to the filing fee provisions of the Prison Litigation Reform Act of 1995, Pub.L. No. 104-134, 110 Stat. 1321 (1996) (“PLRA”), 28 U.S.C. § 1915 (b), the district court dismissed the action without prejudice for failure to prosecute diligently and for failure to comply with a court order. This timely appeal followed. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand for further proceedings.
I. BACKGROUND
Taylor lodged his § 1983 civil rights complaint on December 31, 1998, after exhausting his administrative remedies with the Los Angeles County Sheriffs Department. He alleged that on August 7, 1997, he was violently beaten by a prison guard at the Los Angeles County jail and was then refused proper medical attention in violation of his civil rights.
On August 17, 1999, Taylor was granted permission to file his civil rights complaint in forma, pauperis (“IFP”) without prepayment of the full filing fee of…