Brian Washington v. Andrea Albert, et al.

Summary

This Report and Recommendation addresses the dismissal of Brian Washington’s pro se 42 U.S.C. § 1983 complaint for failure to prosecute under Federal Rule of Civil Procedure 41(b). The recommendation relies on Washington’s failure to pay the filing fee or submit a pauper application, failure to respond to a show-cause order, and failure to update an address that resulted in returned mail.

Holdings

1. A court may dismiss a pro se action under Federal Rule of Civil Procedure 41(b) when the plaintiff fails to prosecute, fails to comply with procedural requirements, and fails to comply with a court order; on the facts presented, dismissal without prejudice was recommended.
2. A pro se litigant's failure to notify the district court of an address change may constitute an additional basis for dismissal for failure to prosecute.

Questions Presented

1. Whether the complaint should be dismissed under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with the filing-fee or pauper-application requirement and court orders.
2. Whether Washington's failure to notify the court of a current address supplied an additional basis for dismissal.

Disposition

dismissed