Summary
The United States District Court for the Eastern District of Texas dismissed Derek A. Jackson’s 42 U.S.C. § 1983 action against Captain FNU Bingham and others without prejudice. The court dismissed the case sua sponte under Federal Rule of Civil Procedure 41(b) for failure to comply with an order requiring payment of the filing fee or submission of an in forma pauperis application and financial data.
Holdings
- A district court may dismiss an action without prejudice under Federal Rule of Civil Procedure 41(b) when a litigant fails to prosecute the case or comply with a court order; because Jackson failed to comply with the filing-fee or in forma pauperis order, dismissal was warranted.
Questions Presented
- Whether the court may dismiss the action for failure to prosecute when the plaintiff fails to comply with an order requiring payment of the filing fee or submission of an in forma pauperis application and financial records.
Disposition
dismissed
Cases Cited (4)
- 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)
- 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
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