Robert Seth Labreau v. Robert “Keith” Bass

Summary

The court dismisses Robert Seth Labreau’s pro se 42 U.S.C. § 1983 action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to return a completed service packet and comply with a court order. The court also certifies that any appeal would not be taken in good faith and denies leave to appeal in forma pauperis if an appeal is filed.

Holdings

1. A district court may dismiss an action under Rule 41(b) when a plaintiff willfully fails to comply with a court order, particularly after receiving an express warning that noncompliance will result in dismissal, and the Rule 41(b) factors support dismissal.
2. Any appeal from the dismissal would not be taken in good faith and would be totally frivolous; therefore, Plaintiff would be denied leave to appeal in forma pauperis.

Questions Presented

1. Whether the action should be dismissed under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to prosecute and failed to comply with the court's service-packet order.
2. Whether an appeal would be taken in good faith and whether Plaintiff should be permitted to appeal in forma pauperis.

Disposition

dismissed