Wilton Lombard v. Gerald Hindy, et al.

Summary

A United States Magistrate Judge recommends dismissing Wilton Lombard’s pro se civil action without prejudice for lack of prosecution under Federal Rule of Civil Procedure 41(b). The recommendation is based on Lombard’s failure to pay the filing fee or submit a complete in forma pauperis application and his failure to provide a current mailing address after court mail was returned as undeliverable.

Holdings

1. The magistrate judge recommended that the complaint be dismissed without prejudice for lack of prosecution because plaintiff had not paid the filing fee, obtained permission to proceed in forma pauperis, maintained a proper mailing address, or otherwise communicated with the court after being ordered to cure the filing deficiency.

Questions Presented

1. Whether the complaint should be dismissed without prejudice for failure to prosecute when the plaintiff neither paid the filing fee nor submitted a complete in forma pauperis application, failed to maintain a current mailing address, and did not comply with the court's order.

Disposition

other