Summary
A United States magistrate judge recommends dismissing Mashiach C. Lassiter’s civil complaint without prejudice for failure to comply with an order requiring payment of filing fees or submission of a complete in forma pauperis application. The recommendation also addresses Plaintiff’s purported interlocutory appeal, concluding that it challenges a nonappealable pretrial order and is frivolous.
Court
United States District Court for the Northern District of Texas, Fort Worth Division
Jurisdiction
United States District Court for the Northern District of Texas, Fort Worth Division
Decision date
December 16, 2025
Docket number
4:25-cv-1307-O-BP
Disposition
other
Questions Presented
- Whether the action should be dismissed under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to obey the court's order requiring payment of fees or submission of a complete IFP application.
- Whether the plaintiff's purported interlocutory appeal from the court's deficiency order was frivolous and nonappealable.
Holdings
- Federal Rule of Civil Procedure 41(b) permits a court to dismiss an action sua sponte when the plaintiff fails to prosecute or fails to comply with the court's orders.
- The plaintiff's purported appeal from the court's November 24 deficiency order was frivolous because the order was a nonappealable interlocutory pretrial order and did not divest the district court of jurisdiction.
Court Document
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