Russell v. Dallas County Sheriff Dept
3:18-cv-02302
N.D. Tex.Nov 9, 2018Background
- Plaintiff Patrick Gene Russell, a pro se incarcerated litigant, filed a civil-rights suit in the Northern District of Texas (Dallas Division).
- Russell submitted an Application to Proceed in forma pauperis but indicated he could pay the $400 filing fee from his credit-union account.
- On September 12, 2018, the court ordered Russell to pay the $400 filing fee by October 10, 2018, by mail or in person to the Clerk.
- Russell did not pay the fee and did not request an extension of time before the recommendation date.
- The magistrate judge recommended dismissal without prejudice for failure to comply with the court’s order and for lack of prosecution under Fed. R. Civ. P. 41(b).
- The report notified parties of the 14-day deadline to file specific written objections to the recommendation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case should proceed despite nonpayment of the filing fee | Russell indicated he could pay but did not pay or seek more time (no argument to continue) | Court (no opposing party required) urged dismissal for noncompliance and nonprosecution | Dismissed without prejudice for failure to comply with court order and lack of prosecution |
| Whether Fed. R. Civ. P. 41(b) permits sua sponte dismissal | N/A (no response from Russell) | Court relied on Rule 41(b) and its inherent docket-control power | Rule 41(b) authorizes dismissal sua sponte for failure to comply or prosecute |
| Whether dismissal should operate as an adjudication on the merits | N/A | Court noted Rule 41(b) normally operates as an adjudication on the merits unless specified otherwise | Magistrate recommended dismissal without prejudice (so not adjudication on the merits here) |
| Whether plaintiff may appeal the recommendation | Russell may object within 14 days to preserve appeal rights | Court warned that failure to file specific objections bars appellate review except for plain error | Parties given 14 days to file specific written objections; failure to do so may forfeit appeal rights |
Key Cases Cited
- Larson v. Scott, 157 F.3d 1030 (5th Cir. 1998) (Rule 41(b) dismissal for failure to prosecute may be entered sua sponte)
- Boudwin v. Graystone Ins. Co., Ltd., 756 F.2d 399 (5th Cir. 1985) (courts have inherent power to manage their dockets and prevent undue delays)
- Link v. Wabash R.R. Co., 370 U.S. 626 (1962) (trial courts may dismiss actions for failure to prosecute under their docket-control powers)
- Douglass v. United Services Automobile Ass'n, 79 F.3d 1415 (5th Cir. 1996) (procedural requirement that specific objections be filed to preserve appellate review of magistrate recommendations)