Gregory K. Jones v. Warden, Jesup Federal Prison Camp

Summary

A magistrate judge recommends granting the respondent’s motion to dismiss as unopposed and dismissing Gregory K. Jones’s 28 U.S.C. § 2241 petition without prejudice. The recommendation is based on Jones’s failure to respond to the motion to dismiss and to comply with the court’s show-cause order. It also recommends closing the case and denying leave to appeal in forma pauperis.

Holdings

1. 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 petitioner fails to prosecute, fails to respond to a motion, or fails to follow a court order after being given notice of the consequences. The magistrate judge recommended applying that authority to dismiss Jones's petition without prejudice.
2. A trial court may deny leave to appeal in forma pauperis when it certifies that the appeal is not taken in good faith because it presents no nonfrivolous issue. The magistrate judge recommended denying Jones leave to appeal in forma pauperis.

Questions Presented

1. Whether Jones's § 2241 petition should be dismissed without prejudice because he failed to respond to Respondent's motion to dismiss and failed to comply with the court's show-cause order.
2. Whether Jones should be denied leave to appeal in forma pauperis because any appeal would not be taken in good faith.

Disposition

other