Michael Aaron Bass v. Franklin County Sheriff's Office, et al.

Summary

The report and recommendation addresses a pro se detainee’s failure to pay the filing fee or submit an in forma pauperis motion in a 42 U.S.C. § 1983 action. Because the plaintiff did not comply with a prior court order or otherwise prosecute the case, the magistrate judge recommends dismissal for failure to prosecute and failure to comply with a court order.

Holdings

1. Because Plaintiff disregarded a clear and direct court order after being forewarned of the consequences, dismissal for failure to prosecute and failure to comply with the order was appropriate.

Questions Presented

1. Whether the action should be dismissed for failure to prosecute after Plaintiff failed to comply with an order requiring payment of the filing fee or submission of an in forma pauperis motion.
2. Whether the court may recommend sua sponte dismissal under its inherent authority and applicable rules after Plaintiff disregarded a clear order despite being forewarned.

Disposition

other