Summary
The United States District Court for the District of New Mexico dismissed Charles Warren Da-Quan’s opening letter pleading without prejudice after he failed to submit a § 1983 complaint and address the filing fee requirement as directed. The dismissal was entered under Federal Rule of Civil Procedure 41(b) for failure to prosecute and comply with court orders.
Holdings
- A district court may dismiss an action without prejudice under Federal Rule of Civil Procedure 41(b) when a plaintiff fails to prosecute the action or comply with the rules of civil procedure or a court order. Plaintiff's failure to file the required complaint and address the filing-fee requirement after being ordered and warned justified dismissal.
- The action should be dismissed without prejudice.
Questions Presented
- Whether the court should dismiss Plaintiff's action under Federal Rule of Civil Procedure 41(b) for failing to prosecute and comply with the court's order to cure pleading and filing-fee deficiencies.
- Whether dismissal should be without prejudice.
Disposition
dismissed
Cases Cited (3)
- Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir. 2003)(followed)
- Sheptin v. Corr. Healthcare Mgmt. Contractor Co., 288 F. App'x 538, 540-41 (10th Cir. 2008)(followed)
- Gonzales v. Bernalillo Cnty. Dist. Ct., 640 F. App'x 759, 762 (10th Cir. 2016)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…