Evans v. Cisneros

Summary

The court recommends dismissing Cleveland Evans’s § 1983 and RLUIPA action without prejudice for failure to obey a court order and failure to prosecute. The recommendation follows Plaintiff’s failure to submit a non-prisoner in forma pauperis application after being ordered and warned that noncompliance could result in dismissal.

Holdings

1. A district court may dismiss an action, including without prejudice, when a party fails to prosecute, fails to obey a court order, or fails to comply with applicable local rules, subject to consideration of the governing dismissal factors.
2. Dismissal without prejudice was appropriate because plaintiff failed to comply with the court's order, the first three dismissal factors favored dismissal, the merits factor provided little support in light of plaintiff's conduct, and lesser sanctions were inadequate.

Questions Presented

1. Whether the action should be dismissed without prejudice because plaintiff failed to obey the court's order requiring a non-prisoner in forma pauperis application or payment of the filing fee.
2. Whether dismissal without prejudice was warranted under the factors governing dismissal for failure to prosecute and failure to obey a court order.

Disposition

dismissed