Hailey Davis v. Judy Kim

Summary

The United States District Court for the District of New Mexico dismisses Hailey Davis’s pro se complaint against Judy Kim without prejudice. The court finds that Davis failed to comply with orders requiring an amended complaint and a long-form application to proceed in forma pauperis, and denies the short-form fee application. The dismissal is based on failure to prosecute and failure to comply with a court order under Federal Rule of Civil Procedure 41(b).

Holdings

1. The district court may dismiss an action without prejudice when a plaintiff fails to comply with a court order requiring an amended complaint and a completed in forma pauperis application.
2. The short-form application to proceed in forma pauperis is denied because Plaintiff failed to submit the required long-form application.

Questions Presented

1. Whether the district court could dismiss the action without prejudice for Plaintiff's failure to comply with orders requiring an amended complaint and a long-form in forma pauperis application.
2. Whether Plaintiff's short-form application to proceed in forma pauperis should be denied after Plaintiff failed to submit the required long-form application.

Disposition

dismissed