Jack Sullivan v. Carmen Pacheco and Sergio Jimenez

Summary

The United States District Court for the District of New Mexico dismissed Plaintiff Jack Sullivan’s pro se civil rights action without prejudice. The dismissal was based on Plaintiff’s failure to file an amended complaint and a required long-form application to proceed without prepaying fees or costs, and the Court denied his short-form application.

Holdings

1. The court may dismiss an action sua sponte under Federal Rule of Civil Procedure 41(b) when a plaintiff fails to prosecute or comply with the Federal Rules of Civil Procedure or a court order; plaintiff's failure to file the ordered amended complaint and long-form in forma pauperis application warranted dismissal without prejudice.
2. The short-form application to proceed without prepaying fees or costs was denied because plaintiff failed to provide sufficient information to establish inability to pay and failed to file the ordered long-form application.

Questions Presented

1. Whether the 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 without prepaying fees or costs should be denied because it did not provide sufficient financial information.

Disposition

dismissed