Linda Gilmer v. Transit Mutual Insurance Corp.–WI

Summary

The United States District Court for the Eastern District of Wisconsin dismissed Linda Gilmer’s action against Transit Mutual Insurance Corp.—WI without prejudice after she failed to file an amended complaint by the court-ordered deadline. The court also denied her motion to proceed without prepaying the filing fee as moot and directed the Clerk to enter judgment.

Holdings

1. A district court may sua sponte dismiss an action without prejudice for failure to prosecute when the plaintiff fails to comply with a court-ordered deadline to file an amended complaint.
2. The plaintiff's motion to proceed without prepaying the filing fee is denied as moot after the action is dismissed without prejudice.

Questions Presented

1. Whether the court could sua sponte dismiss the action without prejudice for failure to prosecute after the plaintiff failed to comply with an order requiring an amended complaint.
2. Whether the plaintiff's motion to proceed without prepaying the filing fee should be denied as moot after dismissal without prejudice.

Disposition

dismissed