Kump v. Envoy Air Inc.

Summary

The magistrate judge recommends dismissing Roselle Kump’s pro se employment-discrimination action against Envoy Air Inc. without prejudice under Federal Rule of Civil Procedure 41(b). The recommendation is based on Kump’s failure to pay the filing fee or file an in forma pauperis motion, failure to comply with a court order, and failure to maintain a current address or otherwise prosecute the case.

Holdings

1. Rule 41(b) authorizes a district court to dismiss an action on its own motion when the plaintiff fails to prosecute or fails to comply with a Federal Rule of Civil Procedure or a court order.
2. Dismissal without prejudice under Rule 41(b) was warranted because Kump failed to comply with the order to pay the filing fee or file an IFP motion, failed to provide a current address, thereby failed to prosecute the action, and lesser sanctions would be futile.

Questions Presented

1. Whether a district court may sua sponte dismiss an action under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with a court order.
2. Whether dismissal without prejudice is warranted where a pro se plaintiff failed to pay the filing fee or file an IFP motion, failed to maintain a current address, and lesser sanctions would be futile.

Disposition

other