Summary
The United States District Court for the Eastern District of Texas dismissed Andrew James Swetland’s pro se civil-rights action under 42 U.S.C. § 1983 for failure to prosecute. The court held that Swetland failed to comply with an order requiring him to file an amended complaint and dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b).
Holdings
- A district court may sua sponte dismiss an action for failure to prosecute or failure to comply with a court order, and Swetland's failure to file the ordered amended complaint warranted dismissal without prejudice.
Questions Presented
- Whether the district court could sua sponte dismiss the § 1983 action without prejudice for Swetland's failure to comply with the court's order and failure to prosecute.
Disposition
dismissed
Cases Cited (5)
- Green v. Forney Eng’g Co., 589 F.2d 243, 247 (5th Cir. 1979)(followed)
- Lopez v. Aransas Cnty. ISD, 570 F.2d 541, 544 (5th Cir. 1978)(followed)
- Link v. Wabash R. Co., 370 U.S. 626, 629–31 (1962)(followed)
- Anthony v. Marion Cnty. Gen. Hosp., 617 F.2d 1164, 1167 (5th Cir. 1980)(followed)
- McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…