David B. McDermott, II v. Seminole District Court, et al.

Summary

The United States District Court for the Eastern District of Oklahoma recommends dismissing David B. McDermott, II’s pro se action without prejudice. The recommendation is based on McDermott’s failure to complete installment payments for the filing fee, file a typed complaint, provide service forms, and otherwise comply with the Court’s order. The document advises that objections must be filed within fourteen days.

Holdings

1. A district court has discretion under Federal Rule of Civil Procedure 41(b) to dismiss an action sua sponte for failure to prosecute or failure to comply with procedural rules and court orders.
2. When dismissing without prejudice, a district court may, without abusing its discretion, enter the dismissal without attention to any particular procedures under the circumstances presented.

Questions Presented

1. Whether the action should be dismissed without prejudice because Plaintiff failed to prosecute the case.
2. Whether the action should be dismissed without prejudice because Plaintiff failed to comply with the Court's order requiring payment of the filing fee and submission of a typed complaint and service forms.

Disposition

other