Roxanne M. Granderson v. Officer Williams

Summary

The United States District Court for the Southern District of Texas dismissed Roxanne M. Granderson’s § 1983 civil-rights action against Officer Williams without prejudice. The court found that Granderson neither paid the filing fee nor properly supported her in forma pauperis application and failed to maintain a current address, warranting dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b).

Holdings

1. A federal action may not proceed when the plaintiff has neither paid the full filing fee nor obtained leave to proceed in forma pauperis; because Granderson did neither after being ordered to comply, dismissal was warranted.
2. A pro se litigant's failure to notify the district court of an address change and failure to pursue the action may constitute an additional basis for dismissal for failure to prosecute.

Questions Presented

1. Whether the action should be dismissed under Rule 41(b) because plaintiff failed to pay the filing fee or submit a properly supported motion to proceed in forma pauperis after being ordered to do so.
2. Whether plaintiff's failure to notify the court of her address change and otherwise pursue the action constituted failure to prosecute warranting dismissal without prejudice.

Disposition

dismissed