Delton Shane Collins v. Wayne County Sheriff's Office and Arron Farley

Summary

The document is a magistrate judge’s Proposed Findings and Recommendations in a 42 U.S.C. § 1983 action brought by Delton Shane Collins against the Wayne County Sheriff’s Office and Arron Farley. It recommends denying the plaintiff’s application to proceed without prepayment of fees as moot and dismissing the complaint without prejudice under Federal Rule of Civil Procedure 41(b) and the court’s Local Rule 41.1 for failure to comply with an order directing amendment.

Holdings

1. Dismissal without prejudice is appropriate where a pro se plaintiff, after receiving a clear order identifying pleading deficiencies and an express warning that noncompliance could result in dismissal, fails to file an amended complaint or otherwise prosecute the action.

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 because Plaintiff failed to comply with the order directing him to file an amended complaint.
2. Whether Plaintiff's application to proceed without prepayment of fees and costs should be denied as moot upon recommendation of dismissal.

Disposition

other