Annette Crawley v. Mark Roberson, Sheriff

Summary

The United States District Court for the District of Kansas dismissed Annette Crawley’s 28 U.S.C. § 2241 habeas petition without prejudice under Federal Rule of Civil Procedure 41(b). The dismissal followed Crawley’s failure to respond to an order to show cause or provide a current address after her release from custody; her motion to proceed in forma pauperis was denied as moot.

Holdings

1. A district court may dismiss an action without prejudice under Rule 41(b) when a petitioner fails to comply with a court order, including sua sponte, and the court dismissed this petition because Crawley failed to comply with the order to show cause by the court's deadline.
2. The motion for leave to proceed in forma pauperis was denied as moot after dismissal of the petition.

Questions Presented

1. Whether the district court could dismiss the § 2241 petition without prejudice under Federal Rule of Civil Procedure 41(b) when petitioner failed to comply with the court's order to show cause.
2. Whether petitioner's motion for leave to proceed in forma pauperis should remain pending after dismissal of the action.

Disposition

dismissed