Albert v. Price — affirmed the fee-based dismissal and dismissed the recusal challenge as moot

Case
Monte Albert v. Velva L. Price, in her official capacity as Travis County District Clerk; Unknown Clerk Staff 1-5
Court
U.S. Court of Appeals for the Fifth Circuit
Judge
Jones; Ho; Wilson
Date Decided
September 9, 2026
Docket No.
26-50161
Topics
In Forma Pauperis, Filing Fees, Judicial Recusal, Mootness
Source
Read the full opinion

Background

Monte Albert filed a 42 U.S.C. § 1983 complaint alleging that the Travis County Clerk’s office violated his due-process rights by obstructing his access to certain records. He also moved to proceed in forma pauperis and to recuse the assigned district judge, Judge Alan D. Albright. The district court denied both motions and later denied Albert’s second request to proceed in forma pauperis.

After Albert failed to pay the filing fee, the district court dismissed his claims without prejudice. On appeal, Albert challenged the denial of his second in forma pauperis motion, the denial of recusal, and the dismissal. He ultimately paid the appellate filing fee after the Fifth Circuit denied his request to proceed in forma pauperis and his request for reconsideration.

The Court’s Holding

The Fifth Circuit found no reversible error in the district court’s denial of Albert’s second motion to proceed in forma pauperis or in the dismissal of his claims for failure to pay the filing fee. It therefore affirmed those rulings.

The court dismissed Albert’s challenge to the recusal ruling as moot because Judge Albright had resigned from the bench at the end of August 2026. Because any newly asserted claims would be assigned to another judge, the appellate court could grant no effectual relief on the recusal issue. The court denied all pending motions.

Key Takeaways

  • The Fifth Circuit upheld the denial of Albert’s second request to proceed in forma pauperis.
  • The district court did not reversibly err by dismissing Albert’s claims without prejudice when he failed to pay the filing fee.
  • The assigned judge’s resignation made Albert’s appellate challenge to the denial of recusal moot.

Why It Matters

The decision confirms that dismissal without prejudice may stand when a litigant fails to pay the required filing fee after being denied in forma pauperis status. It also illustrates that a recusal dispute becomes moot when the challenged judge can no longer preside and no effectual appellate relief remains available.

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