Jackey White v. Adair County Jail, et al.

Summary

The United States District Court for the Eastern District of Oklahoma dismissed Jackey White’s 42 U.S.C. § 1983 action without prejudice under Federal Rule of Civil Procedure 41(b). The dismissal was based on Plaintiff’s failure to pay the filing and administrative fees, file a motion to proceed in forma pauperis, or seek an extension of time.

Holdings

1. A federal court may dismiss an action sua sponte under Federal Rule of Civil Procedure 41(b) when a plaintiff fails to prosecute or comply with a court order.
2. The action should be dismissed without prejudice for Plaintiff's failure to comply with the Court's order.

Questions Presented

1. Whether the Court may dismiss an action sua sponte under Federal Rule of Civil Procedure 41(b) when the plaintiff fails to comply with an order requiring payment of filing fees or submission of an in forma pauperis motion.
2. Whether dismissal for that noncompliance should be without prejudice.

Disposition

dismissed