Frederick Carter v. Officer Green, Booking Officer, et al.

Summary

This Proposed Findings and Recommendation addresses Frederick Carter’s pro se civil-rights action under 42 U.S.C. § 1983 in the Southern District of West Virginia. The magistrate judge recommends denying the plaintiff’s applications to proceed without prepayment of fees and dismissing the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and comply with court orders. The recommendation was entered on April 13, 2026, and advises the parties of the procedure and deadline for filing objections.

Holdings

1. A federal district court has inherent authority, and an explicit basis under Federal Rule of Civil Procedure 41(b), to dismiss a pro se civil action sua sponte for failure to prosecute or failure to comply with court orders.
2. In determining whether involuntary dismissal for failure to prosecute is appropriate, the court should consider the plaintiff's personal responsibility, prejudice to the defendant, a history of deliberately proceeding in a dilatory fashion, and the availability of a sanction less drastic than dismissal.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) and Local Rule of Civil Procedure 41.1 for Carter's failure to prosecute and failure to comply with court orders.
2. Whether Carter's applications to proceed without prepayment of fees and costs should be denied after he failed to submit an updated application or pay the required filing and administrative fees.

Disposition

other