Gray v. State of Oklahoma, 5:17-cv-00209

Plaintiff Derreck Gray submitted a pro se § 1983 civil-rights complaint to the Western District of Oklahoma, referencing Payne County criminal cases.
Complaint lacked the signer’s address as required by Fed. R. Civ. P. 11(a); envelope bore a cousin’s return address and a note suggesting Gray’s location was uncertain.
Court mailed filing notices and orders to various jail/prison addresses as reflected on the docket; some mailings were returned as “Not in Custody.”
Court ordered Gray to cure the $400 filing-fee deficiency or file an in forma pauperis application and a completed pro se prisoner complaint form by specific deadlines, warned that failure could lead to dismissal, and directed him to keep the court apprised of address changes.
Gray failed to comply with the court’s orders, did not request extensions, and did not show good cause for noncompliance.
Magistrate Judge recommended dismissal without prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute/comply and advised Gray of his right to object by a specified date.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether case should proceed despite failure to pay filing fee or file IFP forms	Gray did not submit fee or IFP forms; no argument presented	Court argued requirement to comply with fee/IFP rule and orders	Dismissal without prejudice appropriate for failure to comply
Whether defective/missing signer address invalidates filing	Gray’s complaint lacked signer’s address; no corrective action shown	Court noted Rule 11(a) requirement and ambiguous delivery/authorization of filing	Defect plus noncompliance supports dismissal/non-prosecution finding
Whether returned mail/transfer excuses noncompliance	Gray’s mail was returned from some locations; no extension or explanation given	Court required plaintiff to keep address current under local rule	Transfers/returned mail did not excuse failure to meet deadlines or notify court
Whether dismissal without prejudice requires further findings	Gray offered no showing of good cause or request to proceed	Court relied on authority allowing sua sponte dismissal for failure to comply	Magistrate recommended dismissal under Fed. R. Civ. P. 41(b) and notified of objection rights

Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158 (10th Cir. 2007) (authorizes sua sponte dismissal under Rule 41(b) for failure to comply with rules or court orders)
Moore v. United States, 950 F.2d 656 (10th Cir. 1991) (failure to timely object to a magistrate judge’s recommendation waives appellate review)