Liu v. Broad Institute

Filing 7

District Judge Leo T. Sorokin: ORDER entered. This action is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute and comply with an order of the Court.The Clerk shall enter a separate order of dismissal.(PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

XIULIN LIN,
Plaintiff,
v.
BROAD INSTITUTE, et al.,
Defendants.

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Civil No. 17-12045-LTS

ORDER
November 13, 2017
SOROKIN, J.
On October 19, 2017, Xiulin Liu (“Liu”) filed a complaint accompanied by an Application to
Proceed without Prepayment of Fees and Affidavit (“Application”). See Docket Nos. 1, 2. Liu’s
Application was denied and she was granted until November 9, 2017, to pay the $350.00 filing fee
and the $50.00 administrative fee. See Docket No. 5.
The Court’s records indicate that Liu has not paid the $350.00 filing fee and the $50.00
administrative and the time to do so expired. See Docket. It is a long-established principle that this
Court has the authority to dismiss an action sua sponte for a plaintiff's failure to prosecute her action
and her failure to follow the Court's orders. Fed. R. Civ. P. 41(b). "[T]he effective administration of
justice requires that trial courts possess the capability to manage their own affairs." Chamorro v.
Puerto Rican Cars, Inc., 304 F.3d 1, 4 (1st Cir. 2002); accord Vázquez-Rijos v. Anhang, 654 F.3d
122, 127 (1st Cir. 2011) ("to operate effectively and administer justice properly, courts must have the
leeway 'to establish orderly processes and manage their own affairs' "). Further, "[t]he authority to
order dismissal in appropriate cases is a necessary component of that capability." Chamorro v. Puerto
Rican Cars, Inc., 304 F.3d at 4.

Liu was advised that to proceed with this action she must pay the $350.00 filing fee and the
$50.00 administrative fee. See Docket No. 5. The Order afforded Liu notice of the possibility of a
dismissal. See Malot v. Dorado Beach Cottages Associates, 478 F.3d 40, 44-45 (1st Cir. 2007). The
fact that Liu has not paid the $350.00 filing fee and the $50.00 administrative fee suggests that she
may have decided not to incur the payment obligation in order to press her claim. The action,
therefore, will be dismissed without prejudice for failure to comply with the Court’s order.
Accordingly, it is hereby ORDERED that:
1.

This action is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to
prosecute and comply with an order of the Court.

2.

The Clerk shall enter a separate order of dismissal.
SO ORDERED.
/s/ Leo T. Sorokin
Leo T. Sorokin
United States District Judge

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