Summary
A United States Magistrate Judge recommends dismissal without prejudice of Terry Wayne Omole’s civil action for failure to comply with court orders and failure to prosecute. The recommendation states that Plaintiff neither paid the required filing fees nor submitted a compliant in forma pauperis application by the extended deadline.
Holdings
- Federal Rule of Civil Procedure 41(b) permits a court to dismiss an action sua sponte for failure to prosecute or failure to follow court orders, pursuant to the court's inherent authority to control its docket.
Questions Presented
- Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to comply with court orders and failed to prosecute.
- Whether Plaintiff's failure to pay the filing and administrative fees or obtain permission to proceed in forma pauperis supports dismissal.
Disposition
other
Cases Cited (3)
- McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988)(followed)
- Link v. Wabash R.R. Co., 370 U.S. 626, 629-31 (1962)(followed)
- Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc)(superseded by statute)
Cited In (0)
No citing cases on record yet.
Court Document
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