Summary
A United States Magistrate Judge recommends dismissing Brodrick Eugene Davis’s pro se civil-rights complaint without prejudice under Federal Rule of Civil Procedure 41(b). The recommendation is based on Davis’s failure to comply with an order requiring him to file a notice of intent to proceed after an apparent change of Bureau of Prisons facility and address.
Holdings
- Dismissal without prejudice was appropriate because Davis failed to comply with the court's order and the action could not proceed without his compliance.
- Davis's pro se status did not exempt him from complying with applicable procedural rules or the court's order.
Questions Presented
- Whether the complaint should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) because the plaintiff failed to comply with a court order and failed to prosecute the action.
Disposition
dismissed
Cases Cited (9)
- Larson v. Scott, 157 F.3d 1030, 1031 (5th Cir. 1998)(followed)
- Boudwin v. Graystone Insurance Co., 756 F.2d 399, 401 (5th Cir. 1985)(followed)
- Link v. Wabash Railroad Co., 370 U.S. 626, 82 S. Ct. 1386 (1962)(followed)
- Birl v. Estelle, 660 F.2d 592, 593 (5th Cir. 1981)(followed)
- Edwards v. Harris County Sheriff's Office, 864 F. Supp. 633, 637 (S.D. Tex. 1994)(followed)
- Kersh v. Derozier, 851 F.2d 1509, 1512 (5th Cir. 1988)(followed)
- Douglass v. United Services Automobile Association, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc)(superseded_on_other_grounds)
- ACS Recovery Services, Inc. v. Griffin, 676 F.3d 512, 521 n.5 (5th Cir. 2012)(followed)
- Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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