Gregory Horton v. Turning Point Missionaries Church Co-Founders, et al.

Summary

A United States magistrate judge recommends dismissing Gregory Horton’s pro se prisoner civil-rights action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to pay the required filing fee and comply with court orders. The recommendation explains the standards for dismissal for failure to prosecute and provides notice of the parties’ 14-day right to file objections.

Holdings

1. A court may sua sponte dismiss an action under Federal Rule of Civil Procedure 41(b) for failure to prosecute or failure to comply with the federal rules or a court order.
2. The heightened standard for a Rule 41(b) dismissal was satisfied because the record showed plaintiff-caused delay and intentional noncompliance, and no lesser sanction would prompt diligent prosecution.

Questions Presented

1. Whether the action should be dismissed under Federal Rule of Civil Procedure 41(b) for failure to comply with court orders and failure to prosecute.
2. Whether the heightened standard applicable when a Rule 41(b) dismissal may effectively operate as a dismissal with prejudice was satisfied by Horton's repeated failure to pay the filing fee.

Disposition

dismissed