Edward P. Gardner v. Shawn Phillips, Stacy Oaks, and Frank Strada

Summary

The United States District Court for the Eastern District of Tennessee dismisses Edward P. Gardner’s 42 U.S.C. § 1983 action under Federal Rule of Civil Procedure 41(b) for failure to comply with an order requiring a certified inmate trust account statement. The court assesses the $405 filing fee, directs distribution of the opinion and order to relevant custodial and financial officials, and certifies that any appeal would not be taken in good faith.

Holdings

1. The court may dismiss the action sua sponte under Rule 41(b) because Plaintiff failed to comply with the order requiring a certified inmate trust-account statement and failed to prosecute the case.
2. The plaintiff must be assessed the $405.00 filing fee even though the action was dismissed.
3. The court certified that any appeal from the action would not be taken in good faith and would be totally frivolous.

Questions Presented

1. Whether the action should be dismissed sua sponte under Federal Rule of Civil Procedure 41(b) for failure to comply with a court order and failure to prosecute.
2. Whether the plaintiff's failure to comply with the order warranted assessment of the filing fee.
3. Whether the court should certify that any appeal would not be taken in good faith under 28 U.S.C. § 1915(a)(3).

Disposition

dismissed