Summary
The United States District Court for the Middle District of Tennessee dismisses Trevor S. Adamson’s complaint with prejudice for failure to comply with court orders requiring payment of the civil filing fee and for want of prosecution. The court grants Defendant Daniel A. Horwitz’s motion to alter or amend the prior dismissal without prejudice and states that a separate judgment will follow.
Holdings
- A district court may sua sponte dismiss an action when a plaintiff fails to comply with court orders or fails to prosecute the case, relying on Federal Rules of Civil Procedure 16(f), 37(b)(2)(A)(v), and 41(b), as well as the court's inherent authority to manage its docket and administer justice.
- The complaint was properly dismissed with prejudice after the court granted Defendant's motion to alter or amend the prior dismissal order.
Questions Presented
- Whether the court could dismiss the complaint for failure to comply with filing-fee and deficiency orders and for want of prosecution.
- Whether the dismissal should be entered with prejudice rather than without prejudice.
Disposition
dismissed
Cases Cited (5)
- Rogers v. City of Warren, 302 F. App’x 371, 375 (6th Cir. 2008)(followed)
- Link v. Wabash R. Co., 370 U.S. 626, 630–31 (1962)(followed)
- Gibbons v. Asset Acceptance Corp., No. 05-467, 2006 WL 3452521, at *1 (S.D. Ohio Nov. 29, 2006)(followed)
- Pilgrim v. Littlefield, 92 F.3d 413, 416 (6th Cir. 1996)(followed)
- Jourdan v. Jabe, 951 F.2d 108, 110 (6th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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