Summary
A magistrate judge recommends dismissing Eddie Van Oliver, III’s civil action under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The recommendation is based on Plaintiff’s failure to pay the filing fee or file a properly supported motion to proceed in forma pauperis despite court orders and an express warning that noncompliance could result in dismissal.
Holdings
- Plaintiff's failure to comply with the Court's orders to pay the filing fee or submit a properly supported in forma pauperis motion, after being warned that noncompliance could result in dismissal, constituted bad faith or contumacious conduct and supported dismissal under Rule 41(b).
Questions Presented
- Whether Plaintiff's failure to comply with orders requiring payment of the filing fee or submission of a properly supported in forma pauperis motion warranted dismissal under Federal Rule of Civil Procedure 41(b).
- Whether the Sixth Circuit's four-factor Rule 41(b) analysis supported dismissal where Plaintiff failed to comply after receiving a clear order and warning.
Disposition
other
Cases Cited (7)
- Link v. Wabash R.R. Co., 370 U.S. 626, 629-31 (1962)(followed)
- Knoll v. AT&T, 176 F.3d 359, 363 (6th Cir. 1999)(followed)
- Schafer v. City of Defiance Police Department, 529 F.3d 731, 737 (6th Cir. 2008)(followed)
- Stough v. Mayville Community Schools, 138 F.3d 612, 615 (6th Cir. 1998)(followed)
- Steward v. County of Jackson, Tennessee, 8 F. App'x 294, 296 (6th Cir. 2001)(followed)
- Thomas v. Arn, 474 U.S. 140 (1985)(followed)
- United States v. Walters, 638 F.2d 947 (6th Cir. 1981)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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