Wanda Savage v. Robert F. Kennedy, Jr.

Summary

The U.S. District Court dismissed Wanda Savage’s action against Robert F. Kennedy, Jr. without prejudice because Plaintiff failed to file a complete in forma pauperis request or pay the filing fee. The court terminated all other pending matters and relied on its inherent authority to dismiss for failure to prosecute.

Holdings

1. A civil action may be dismissed without prejudice when the plaintiff fails to establish eligibility to proceed in forma pauperis and does not pay the required filing fee after being given an opportunity and order to do so.
2. A federal court has authority to dismiss an action sua sponte for lack of prosecution in order to manage its docket and achieve the orderly and expeditious disposition of cases.

Questions Presented

1. Whether the action should be dismissed without prejudice when Plaintiff failed to submit a complete in forma pauperis request or pay the required filing fee after being ordered to do so.
2. Whether the court had authority to dismiss the action sua sponte for failure to prosecute and failure to comply with a court order.

Disposition

dismissed