Ryan Russell v. Chad Hopping and John Does 1–10

Summary

The United States District Court for the Northern District of Oklahoma dismisses Ryan Russell’s action without prejudice for failure to pay the filing fee or file a motion to proceed in forma pauperis. The dismissal is entered sua sponte under Federal Rule of Civil Procedure 41(b) after Russell failed to comply with court orders and failed to respond to an order to show cause.

Holdings

1. A court may dismiss an action sua sponte under Federal Rule of Civil Procedure 41(b) when a plaintiff fails to prosecute or comply with the rules of civil procedure or a court order.
2. Dismissal without prejudice was warranted because the plaintiff failed to comply with the court's orders after receiving sufficient notice of the possibility of dismissal.

Questions Presented

1. Whether the court may dismiss an action sua sponte under Federal Rule of Civil Procedure 41(b) when the plaintiff fails to pay the filing fee, fails to seek in forma pauperis status, and fails to comply with court orders.
2. Whether dismissal without prejudice was warranted under the circumstances.

Disposition

dismissed