Damian Zamojda v. Casa Milagro and Anji Estrellas

Summary

The United States District Court for the District of New Mexico dismissed a pro se plaintiff’s action without prejudice after he failed to file an amended complaint by the court-ordered deadline. The court relied on Federal Rule of Civil Procedure 41(b) and dismissed the case sua sponte for failure to comply with a court order.

Holdings

1. The action was properly dismissed without prejudice because Plaintiff failed to comply with the court's order requiring a timely amended complaint.

Questions Presented

1. Whether the action should be dismissed without prejudice after the plaintiff failed to timely file an amended complaint ordered by the court.
2. Whether a federal district court may dismiss an action sua sponte under Federal Rule of Civil Procedure 41(b) for failure to prosecute or comply with a court order.

Disposition

dismissed