Luis Alberto Morales v. Warden Teketa Jester, et al.

Summary

The United States District Court for the Middle District of Georgia dismissed Luis Alberto Morales’s pro se action without prejudice for failure to comply with court orders and failure to prosecute. The court denied his pending motions as moot and relied on Federal Rule of Civil Procedure 41(b) and Eleventh Circuit precedent concerning sua sponte dismissal.

Holdings

1. A district court may dismiss an action sua sponte under Federal Rule of Civil Procedure 41(b) when a plaintiff fails to prosecute the action or fails to obey a court order; because Morales repeatedly failed to file the required recast complaint after receiving notice and an extension, dismissal without prejudice was warranted.
2. The plaintiff's motion to proceed in forma pauperis and motion to dismiss without prejudice or proceed as the court deemed proper were denied as moot because the civil action had been dismissed.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to obey court orders and failure to prosecute.
2. Whether the plaintiff's pending motions should be denied as moot following dismissal of the action.

Disposition

dismissed