Kelly v. Dayeh et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
JACOB LYNN KELLY, )
)
Plaintiff, )
)
v. ) Case No. CIV-26-237-PRW
)
DANNY DAYEH, et al., )
)
Defendants. )
REPORT AND RECOMMENDATION
Plaintiff Jacob Lynn Kelly, a state prisoner proceeding pro se, brings this action to
allege violations of his civil rights. United States District Judge Patrick R. Wyrick referred
this matter to the undersigned Magistrate Judge in accordance with 28 U.S.C.
§ 636(b)(1)(B)-(C). For the reasons set forth below, the undersigned recommends that the
Court dismiss the action without prejudice.
I. Discussion
A. Background
On February 18, 2026, the Court explained to Plaintiff that he needed to cure various
deficiencies in his initiating documents. Doc. 7. Specifically:
1. The Court informed Plaintiff that his application to proceed in forma
pauperis, Doc. 2, was missing required information, and ordered
Plaintiff to file an amended application.
2. The Court also informed Plaintiff that his complaint, Doc. 1, did not
provide proper notice to the named defendants or otherwise comply
with Federal Rule of Civil Procedure 8, and ordered Plaintiff to file
an amended complaint.
Doc. 7.
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The Court ordered Plaintiff to cure the deficiencies not later than March 11, 2026,
and warned that failure to do so may result in dismissal of this action. Id. at 3. Staff notes
on the Court’s ECF docket indicate that the Clerk of Court mailed the Order and the
appropriate forms to Plaintiff at his last known address. See LCvR5.4 (stating that
documents mailed by the Court are “deemed delivered if sent to the last known address
given to the court”). The Postmaster has returned no mailed documents back to the Court
as undeliverable.
However, the case docket indicates that, as of this date, Plaintiff has failed to comply
with the Order, as he has not (1) filed an amended application to proceed in forma pauperis
or (2) filed an amended complaint. Nor has he attempted to show good cause for his failure
to comply or requested an extension of time in which to comply.
B. Failure to Comply with Orders and Rules
A court has the inherent authority to manage its own affairs and may dismiss an
action if the plaintiff “fails to prosecute or to comply with [the rules of civil procedure] or
a court order,” Fed. R. Civ. P. 41(b). See Link v. Wabash R.R. Co., 370 U.S. 626, 630-31
(1962) (interpreting Rule 41(b) to permit courts to dismiss actions sua sponte). A litigant’s
failure to comply with court orders leaves a court unable “to achieve the orderly and
expeditious disposition of cases.” Id. And Plaintiff’s pro se status does not exempt him
from “follow[ing] the same rules of procedure that govern other litigants.” Nielsen v. Price,
17 F.3d 1276, 1277 (10th Cir. 1994) (citation modified).
Plaintiff failed to comply with the Court’s order and rules, as well as the Federal
Rules of Civil Procedure. These failures, combined with the Court’s inherent power to
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manage judicial resources, warrant dismissal of this action without prejudice. See U.S. ex
rel. Jimenez v. Health Net, Inc., 400 F.3d 853, 855 (10th Cir. 2005) (“Dismissal is an
appropriate disposition against a party who disregards court orders and fails to proceed as
required by court rules.” (citation modified)).
II. Recommendation and Notice of Right to Object
For the foregoing reasons, the undersigned recommends that the Court DISMISS
the action without prejudice. Plaintiff is advised of his right to object to this Report and
Recommendation. See 28 U.S.C. § 636. Any objection must be filed with the Clerk of
Court not later than April 14, 2026. See id. § 636(b)(1); Fed. R. Civ. P. 72(b)(2). Failure
to object timely waives the right to appellate review of the factual and legal issues
addressed in this Report and Recommendation. See Moore v. United States, 950 F.2d 656,
659 (10th Cir. 1991).
This Report and Recommendation disposes of all issues referred to the undersigned
Magistrate Judge in this matter.
ENTERED this 24th day of March, 2026.
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