Ridgeway v. Doerer

Summary

A United States magistrate judge recommends dismissing Michael Ridgeway’s civil rights action without prejudice for failure to prosecute and failure to obey court orders. The recommendation is based on Plaintiff’s failure to submit a signed complaint, pay the filing fee or file an in forma pauperis application, and respond to an order to show cause. Plaintiff was given fourteen days to file objections.

Holdings

1. Plaintiff's failure to pay the filing fee or submit a compliant in forma pauperis application and his failure to respond to the order to show cause warranted a recommendation that the action be dismissed without prejudice for failure to prosecute and failure to obey court orders.
2. The Malone factors supported dismissal because expeditious resolution and docket management favored removing the inactive case, defendants had not been identified or served and therefore faced no meaningful prejudice, the case could not proceed or reach the merits without Plaintiff's compliance, and no less drastic sanction was adequate.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) and Local Rule 110 because Plaintiff failed to prosecute and failed to obey court orders.
2. Whether application of the five Malone factors supports dismissal despite the policy favoring disposition on the merits.

Disposition

other