Opinion

Elkins

Court
District Court, W.D. Arkansas
Filed
Dec 3, 2025
Cited by
0 cases
Authority
More cited than 37.9%

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

FAYETTEVILLE DIVISION

CHRISTOPHER EDWARDS, JR. PLAINTIFF

v. Civil No. 5:25-cv-05096-TLB-CDC

TAYLOR ELKINS; BRITNI BINAM;

LOGAN HATCHER; and DALTON LEWIS DEFENDANTS

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

This is a civil rights action filed under 42 U.S.C. § 1983. The case was directly assigned

to the undersigned Magistrate Judge pursuant to General Order 2024-02, but not all parties to the

action have consented to the jurisdiction of the undersigned. See 28 U.S.C. § 636(c). Accordingly,

the case will automatically be reassigned to Chief United States District Judge Timothy L. Brooks

and referred to the undersigned for a report and recommendation pursuant to the provisions of 28

U.S.C. §§ 636(b)(1) and (3). The case is before the Court on Plaintiff’s failure to obey an order of

the Court.

I. DISCUSSION

Plaintiff was incarcerated in the Washington County Detention Center when he submitted

his Complaint (ECF No. 1), and is proceeding pro se and in forma pauperis (“IFP”). However, on

June 24, 2025, Plaintiff informed the Court that he had been released and provided the Court with

his new mailing address. On October 9, 2025, the Court entered an Order directing Plaintiff to

submit a new IFP application reflecting his free-world financial status by October 30, 2025. See

ECF No. 23. That Order was never returned as undeliverable, but the deadline passed with no

communication from Plaintiff. On October 31, 2025, the Court entered an Order giving Plaintiff

21 days to show cause why he failed to obey the prior Order, and warning that if he failed to

respond by this deadline, “this case shall be subject to dismissal.” See ECF No. 25. That deadline

has also passed, and Plaintiff has not filed any response nor sought any extension. The Court’s

show cause Order was likewise never returned as undeliverable.

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 monitor the case, and to prosecute or defend the action diligently.

II. CONCLUSION

Accordingly, it is recommended that this case be DISMISSED WITHOUT PREJUDICE

pursuant to Rule 41(b), based on Plaintiff’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).

The parties have fourteen 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 the

district court.

DATED this 3rd day of December 2025.

/s/ Christy Comstock

HON. CHRISTY COMSTOCK

UNITED STATES MAGISTRATE JUDGE

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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