Daryl Bobo v. Shawn Phillips

Summary

The United States District Court for the Eastern District of Tennessee dismissed Daryl Bobo’s pro se habeas action under 28 U.S.C. § 2254 without prejudice after he failed to submit the required in forma pauperis documents or pay the filing fee. The court also denied a certificate of appealability, certified that an appeal would not be taken in good faith, and denied leave to appeal in forma pauperis.

Holdings

1. A district court may dismiss a § 2254 action under Federal Rule of Civil Procedure 41(b) when the petitioner fails to prosecute or comply with a court order, and dismissal was appropriate because Bobo knowingly failed to comply with an order after receiving an express warning of dismissal.
2. A certificate of appealability should not issue because reasonable jurists would not debate the court's determination that Bobo failed to prosecute and failed to comply with a court order.
3. Bobo was denied leave to appeal in forma pauperis because the court certified that any appeal would not be taken in good faith and would be frivolous.

Questions Presented

1. Whether the district court could dismiss the habeas action under Federal Rule of Civil Procedure 41(b) for failure to comply with a court order and failure to prosecute.
2. Whether a certificate of appealability should issue after the action was dismissed on procedural grounds.
3. Whether Bobo should be permitted to appeal in forma pauperis.

Disposition

dismissed