Summary
A magistrate judge recommends dismissing without prejudice a pro se prisoner civil-rights action because the plaintiff failed to submit the required in forma pauperis documents, consent to collection of the filing fee, or pay the full filing fee. The recommendation also cites the plaintiff’s failure to maintain a valid address and prosecute the case, and recommends closing the civil action.
Topics
Practice areas
Questions Presented
- Whether the action should be dismissed without prejudice because Plaintiff failed to comply with the Court's order requiring submission of in forma pauperis documents or payment of the filing fee.
- Whether Plaintiff's failure to communicate with the Court and maintain a valid address constituted failure to prosecute and abandonment warranting dismissal under Federal Rule of Civil Procedure 41(b) and Local Rule 41.1.
Holdings
- A district court may dismiss an action without prejudice under Federal Rule of Civil Procedure 41(b), its inherent authority to manage its docket, and applicable local rules when a plaintiff fails to prosecute or disobeys a court order, particularly after being warned of the consequence.
- A prisoner may not proceed in forma pauperis without submitting the required trust-account documentation and consenting to collection of the full filing fee in installments, unless the full fee is paid.
Key quotations
“Plaintiff’s failure to keep the Court apprised of a valid address saddles the Court with a stagnant case in which no communication with Plaintiff seems possible.”
“These actions by Plaintiff amount not only to a failure to prosecute, but also an abandonment of his case.”
Factual background
Plaintiff, formerly detained at Walton County Jail, filed the action pro se and sought to proceed in forma pauperis. The Court ordered him to submit his prisoner trust-account statement and consent to collection of the $350 filing fee in installments, warning that failure to do so would result in voluntary dismissal without prejudice. Plaintiff did not submit the required documents or pay the filing fee, failed to maintain a valid address, and the Court's order was returned after his release.
Procedural history
Plaintiff commenced a prisoner civil-rights action and requested leave to proceed in forma pauperis. The Court ordered him to submit a Prisoner Trust Fund Account Statement and Consent to Collection of Fees forms within thirty days and warned that failure to respond would result in voluntary dismissal without prejudice. Plaintiff did not comply, and the order was returned after his release from the Walton County Jail. The magistrate judge recommended dismissal and closure of the case.