Jeffrey Mitchell Elkins v. Lee Russell, et al.

Summary

The United States District Court for the Southern District of Mississippi dismissed Jeffrey Mitchell Elkins’s pro se action without prejudice for failure to obey court orders and failure to prosecute. The dismissal was entered under Federal Rule of Civil Procedure 41(b) and the court’s inherent authority after Elkins failed to respond to orders or maintain a current address.

Holdings

1. A district court may dismiss an action without prejudice under Federal Rule of Civil Procedure 41(b) and its inherent authority to manage its docket when a plaintiff repeatedly fails to obey court orders, fails to respond to orders to show cause, and does not maintain communication with the court.

Questions Presented

1. Whether the court may dismiss an action without prejudice under Federal Rule of Civil Procedure 41(b) and its inherent authority when the plaintiff fails to obey court orders and fails to prosecute the action.

Disposition

dismissed