Summary
The United States District Court for the Southern District of Mississippi dismissed Nicholas Carver’s 42 U.S.C. § 1983 action without prejudice. The court dismissed the case under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with multiple court orders.
Holdings
- A district court may dismiss an action without prejudice under Rule 41(b) and its inherent authority when a plaintiff repeatedly fails to comply with court orders and lesser sanctions have proved futile.
Questions Presented
- Whether the court could dismiss the action without prejudice under Federal Rule of Civil Procedure 41(b) for Plaintiff's failure to prosecute and failure to comply with multiple court orders.
Disposition
dismissed
Cases Cited (5)
- Link v. Wabash R.R. Co., 370 U.S. 626, 630-31, 82 S. Ct. 1386, 8 L. Ed. 2d 734 (1962)(followed)
- McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988)(followed)
- Fauzi v. Royal Hospitality Services, LLC, No. 1:14-cv-83-HSO-RHW, 2016 WL 3166581, at *2 (S.D. Miss. June 6, 2016)(followed)
- Tello v. Comm'r of Internal Revenue, 410 F.3d 743, 744 (5th Cir. 2005)(followed)
- Berry v. CIGNA/RSI-CIGNA, 975 F.2d 1188, 1191 (5th Cir. 1992)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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