Summary
This United States District Court order adopts a magistrate judge's report and recommendation to dismiss the plaintiff's civil action without prejudice. The pro se plaintiff failed to comply with a prior court order directing her to amend her complaint by a specified deadline. Accordingly, the district judge formally adopts the recommendation, directs the clerk to enter judgment, and closes the case.
Topics
Practice areas
Questions Presented
- Whether the district court may dismiss the case without prejudice for the plaintiff's failure to comply with the court's order.
Holdings
- The district court dismissed the case without prejudice because the plaintiff failed to comply with the court’s order and did not seek an extension.
Key quotations
“IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation [ECF No. 4] is ADOPTED in its entirety, and this case is DISMISSED without prejudice.” (at 1)
Factual background
Plaintiff, proceeding pro se, filed an IFP application and a complaint on June 26, 2025. The court granted the IFP request and dismissed the complaint with prejudice while permitting amendment by July 7, 2025. Plaintiff failed to file an amendment or otherwise communicate with the court, prompting the magistrate judge to recommend dismissal without prejudice.
Procedural history
Complaint filed June 26, 2025; IFP granted June 10, 2025; complaint dismissed with prejudice but leave to amend; plaintiff did not amend; magistrate issued report and recommendation to dismiss without prejudice on July 10, 2025; district court adopted the recommendation on July 28, 2025.