Jonathan Darnell Fitts v. Lt. Crabtree, et al.

Summary

The magistrate judge recommends dismissing Jonathan Darnell Fitts’s civil rights action for failure to prosecute and failure to serve process. The recommendation is based on Plaintiff’s failure to submit required summonses and U.S. Marshal forms despite court orders and warnings, as well as the expiration of the service deadline under Federal Rule of Civil Procedure 4(m). The magistrate judge also recommends certifying that an appeal would not be taken in good faith and denying leave to appeal in forma pauperis.

Holdings

1. The magistrate judge recommended dismissal because Plaintiff repeatedly failed to comply with orders requiring him to submit service forms and failed to prosecute the action.
2. The magistrate judge recommended dismissal without prejudice against the unserved defendants because the Rule 4(m) service period had expired and Plaintiff had not shown good cause for the failure.

Questions Presented

1. Whether the action should be dismissed for failure to prosecute and failure to comply with court orders under Federal Rule of Civil Procedure 41(b) and the court's inherent authority.
2. Whether the action should be dismissed without prejudice for failure to serve the remaining defendants within the 90-day period required by Federal Rule of Civil Procedure 4(m).
3. Whether the court should certify that an appeal from an order adopting the recommendation would not be taken in good faith and deny leave to appeal in forma pauperis.

Disposition

other