Rochanda Zigler, et al. v. Nelnet, et al.

Summary

The United States Magistrate Judge recommends dismissing Rochanda Zigler’s pro se civil action against Nelnet and others for failure to prosecute. The recommendation follows plaintiff’s failure to file an amended complaint or request an extension after the original complaint was dismissed with leave to amend, and also recommends closing the case.

Holdings

1. The magistrate judge recommended dismissal under Federal Rule of Civil Procedure 41(b) because plaintiff failed to file an amended complaint or seek an extension after being warned that failure to do so could result in dismissal.

Questions Presented

1. Whether the action should be dismissed for failure to prosecute after plaintiff failed to file an amended complaint within the time allowed.
2. Whether the five-factor test governing dismissal for failure to prosecute supports dismissal under the circumstances.

Disposition

other