Keith Goins v. Warden Stonebreaker

Summary

The United States District Court for the District of South Carolina dismissed Keith Goins's 28 U.S.C. § 2254 habeas corpus action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to comply with an order and failure to prosecute. The court also denied a certificate of appealability and provided notice of the right to appeal.

Holdings

1. A district court may sua sponte dismiss an action for failure to prosecute and failure to comply with a court order under its inherent authority and Federal Rule of Civil Procedure 41(b). Because Petitioner failed to respond to the court's order, dismissal without prejudice was proper.
2. A certificate of appealability was denied because Petitioner failed to make a substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether the district court could sua sponte dismiss the habeas action for failure to prosecute and failure to comply with a court order.
2. Whether Petitioner was entitled to a certificate of appealability.

Disposition

dismissed