Brandon Richard Lind v. State of Georgia

Summary

The United States District Court for the Middle District of Georgia dismissed Brandon Richard Lind’s 28 U.S.C. § 2254 petition without prejudice. The dismissal was based on Lind’s failure to comply with orders requiring a properly formatted petition and an in forma pauperis application, and his failure to respond to a subsequent show-cause order.

Holdings

1. A district court may dismiss an action sua sponte under Federal Rule of Civil Procedure 41(b) when the petitioner fails to prosecute the action or fails to obey a court order; Lind's repeated noncompliance warranted dismissal of his petition without prejudice.

Questions Presented

1. Whether the district court could dismiss the § 2254 action without prejudice under Federal Rule of Civil Procedure 41(b) because petitioner failed to obey court orders and failed to prosecute the case.

Disposition

dismissed