Summary
The United States District Court for the Middle District of Georgia dismissed without prejudice Willie James Atmore’s pro se civil action after he failed to comply with an order requiring him to sign and refile his complaint. The court relied on Federal Rule of Civil Procedure 41(b) and dismissed the case for failure to comply with court orders and failure to prosecute.
Holdings
- A district court may dismiss an action sua sponte under Federal Rule of Civil Procedure 41(b) when a plaintiff fails to obey a court order or fails to prosecute the action.
Questions Presented
- Whether the district court could dismiss the action without prejudice under Federal Rule of Civil Procedure 41(b) when the pro se plaintiff failed to file a signed complaint as ordered and failed to prosecute the case.
Disposition
dismissed
Cases Cited (5)
- Brown v. Tallahassee Police Department, 205 F. App'x 802, 802 (11th Cir. 2006)(followed)
- Lopez v. Aransas County Independent School District, 570 F.2d 541, 544 (5th Cir. 1978)(followed)
- Gormley v. Nix, No. 04-12374, 2005 WL 2090282, at *4 (11th Cir. Aug. 31, 2005) (per curiam)(followed)
- Wilson v. Sargent, 313 F.3d 1315, 1320-21 (11th Cir. 2002)(limited)
- Duong Thanh Ho v. Costello, 757 F. App'x 912 (11th Cir. 2018)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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