Kimberly Monique Christian v. Captain Stephanie Horn

Summary

A United States Magistrate Judge recommends dismissing Kimberly Monique Christian’s action against Captain Stephanie Horn without prejudice. The recommendation is based on Plaintiff’s failure to establish subject-matter jurisdiction, failure to file an amended complaint in the form authorized by the Court, and failure to comply with court orders. The recommendation also advises that the action may be dismissed under Federal Rule of Civil Procedure 41(b) and the Court’s inherent authority.

Holdings

1. The magistrate judge recommended dismissal without prejudice because Plaintiff had been given a fair opportunity and ample time to establish subject matter jurisdiction but failed to file an operative amended complaint establishing jurisdiction.
2. The magistrate judge recommended dismissal without prejudice under Federal Rule of Civil Procedure 41(b) and the court's inherent authority because Plaintiff repeatedly failed to comply with orders directing her to file a specified amended complaint.

Questions Presented

1. Whether the action should be dismissed without prejudice because Plaintiff failed, after multiple opportunities, to establish subject matter jurisdiction.
2. Whether the action should be dismissed under Federal Rule of Civil Procedure 41(b) and the court's inherent authority because Plaintiff failed to comply with orders directing her to file an authorized amended complaint.

Disposition

other