Reported / Citable
Background
Pro se plaintiffs Chedea L. Neal and Timothy Miles Richardson filed a new civil action against EKRE of TX, LLC, Blueprint Title Company, Temple View Capital Funding, LP, and TVC Funding V, LLC. Richardson moved to proceed in forma pauperis, but Neal did not.
The court ordered the plaintiffs either to pay the $405 filing and administrative fees or for Neal to file a proper in forma pauperis motion by July 27, 2026. The order warned that noncompliance could result in dismissal under Federal Rule of Civil Procedure 41(b). The plaintiffs did not comply or otherwise cure the deficiency.
The Court’s Holding
Magistrate Judge Hal R. Ray, Jr. recommended that the district court dismiss the complaint without prejudice for lack of prosecution and failure to comply with a court order under Rule 41(b).
The recommendation explained that Rule 41(b) permits sua sponte dismissal for failure to prosecute or follow court orders and that this authority supports the court’s management of its docket. The document advised the parties that they may file specific written objections within fourteen days.
Key Takeaways
- This was a recommendation for dismissal, not a final district-court dismissal order.
- All plaintiffs must satisfy filing-fee requirements or obtain permission to proceed in forma pauperis.
- Failure to comply with a filing-fee order after warning may support dismissal without prejudice under Rule 41(b).
Why It Matters
The recommendation underscores that pro se status does not excuse compliance with filing-fee and court-order requirements. Because the proposed dismissal is without prejudice, the plaintiffs may refile if they address the filing deficiency.