Jordan James Anger v. County of Hawaii, by and through Its Corporation Counsel (Renee Schoen)

Summary

The United States District Court for the District of Hawaii dismissed Jordan James Anger’s civil rights complaint with prejudice after he failed to file an amended complaint by the court-ordered deadline. The court denied his application to proceed without prepaying fees or costs as moot and directed the Clerk’s Office to enter final judgment and close the case.

Holdings

1. A district court may dismiss an action with prejudice under Federal Rule of Civil Procedure 41(b) when the plaintiff fails to comply with a court order setting a deadline to file an amended complaint, provided the court considers the applicable dismissal factors.
2. The application to proceed without prepaying fees or costs should be denied as moot after the complaint was dismissed with prejudice and the case was closed.

Questions Presented

1. Whether the court could dismiss the complaint with prejudice under Federal Rule of Civil Procedure 41(b) after the plaintiff failed to amend by the court-ordered deadline or seek an extension.
2. Whether the plaintiff's application to proceed without prepaying fees or costs should be denied as moot after dismissal with prejudice.

Disposition

dismissed