Opinion

Routh v. Johson

Court
District Court, W.D. Arkansas
Filed
Aug 12, 2024
Cited by
0 cases
Authority
More cited than 33.4%

stating that the district court possesses the power to dismiss sua sponte under Rule 41(b)

How later courts described this case

  • stating that the district court possesses the power to dismiss sua sponte under Rule 41(b)

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

FORT SMITH DIVISION

ROBERT ANDREW ROUTH, JR. PETITIONER

v. Civil No. 2:24-cv-02079-TLB-MEF

JUDGE CHRISTINE JOHSON RESPONDENT

REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

This is a habeas corpus action filed by the Robert A. Routh, Jr. (“Routh”) pursuant to 28

U.S.C. § 2254. Routh proceeds pro se. Pursuant to the provisions of 28 U.S.C. §§ 636(b)(1) and

(3), the Honorable Timothy L. Brooks, United States District Judge, referred this case to the

undersigned for the purpose of making a Report and Recommendation. The case is before the

Court on Routh’s failure to obey the Court’s Orders.

I. DISCUSSION

When he filed his habeas petition, Routh, who was incarcerated in the Crawford County

Detention Center (“CCDC”), failed to pay the $5 filing fee, or submit a motion to proceed in forma

pauperis (“IFP”). The Clerk’s Office sent Routh a notice about this failure and gave him until

July 5, 2024, to either pay the filing fee or submit a motion to proceed IFP. (ECF No. 3). Routh

did not comply with the Clerk’s notice.

On July 17, 2024, a Show Cause Order was entered giving Routh until August 7, 2024, to

show cause why he failed to pay the filing fee or submit a motion to proceed IFP in a timely

manner. (ECF No. 4). The Show Cause Order was returned as undeliverable. (ECF No. 5). A

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notation on the return envelope indicated Routh was no longer at the CCDC.

To date, Routh has not paid the filing fee, submitted a motion to proceed IFP, or supplied

the Court with a new address. The Federal Rules of Civil Procedure specifically contemplate

dismissal of a case on the ground that the plaintiff failed to prosecute or failed to comply with an

order of the court. Fed. R. Civ. P. 41(b); Line v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962)

(stating that the district court possesses the power to dismiss sua sponte under Rule 41(b)).

Pursuant to Rule 41(b), a district court has the power to dismiss an action based on “the plaintiff’s

failure to comply with any court order.” Brown v. Frey, 806 F.2d 801, 803-04 (8th Cir. 1986)

(emphasis added). Additionally, Rule 5.5(c)(2) of the Local Rules for the Eastern and Western

Districts of Arkansas requires parties appearing pro se to “promptly notify the Clerk and other

parties to the proceedings of any change in his or her address, to monitor the case, and to prosecute

or defend the action diligently.”

II. CONCLUSION

For these reasons, it is recommended that this case be DISMISSED WITHOUT

PREJUDICE based on Routh’s failure to prosecute this case, his failure to obey the orders of the

Court, and his failure to comply with Local Rule 5.5(c)(2). Fed. R. Civ. P. 41(b).

Status of Referral: The referral terminates upon the filing of this Report and

Recommendation.

The parties have fourteen (14) days from receipt of the Report and Recommendation

in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file

timely objections may result in waiver of the right to appeal questions of fact. The parties

are reminded that objections must be both timely and specific to trigger de novo review by

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the district court.

DATED this 12th day of August 2024.

/s/

HON. MARK E. FORD

UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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