Moten v. Office of the Inspector General

Summary

The court recommends dismissing Sharrod Moten’s 42 U.S.C. § 1983 action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with court orders. The recommendation follows Plaintiff’s failure to file an amended complaint after the court determined that his original complaint did not comply with Rule 8 and was not filed under oath. Plaintiff was given 30 days to object to the findings and recommendations.

Holdings

1. Dismissal without prejudice under Rule 41(b) is appropriate after weighing the five-factor Pagtalunan test.

Questions Presented

1. Whether the action should be dismissed without prejudice under Rule 41(b) for failure to prosecute and failure to comply with court orders.
2. Whether the Pagtalunan factors weigh in favor of dismissal.

Disposition

dismissed