Blackwell v. Firearm Licensing Review Board

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

) LOBARI BLACKWELL, ) ) Plaintiff, ) ) v. ) No. 1:24-cv-13080-JEK ) FIREARM LICENSING REVIEW BOARD ) and ATF, ) ) Defendants. ) )

ORDER OF DISMISSAL

KOBICK, J.

On June 2, 2025, the Court conditionally granted plaintiff Lobari Blackwell’s motions for leave to proceed in forma pauperis and directed him either to (1) pay the $405 filing fee or (2) file a renewed motion for leave to proceed in forma pauperis by June 23, 2025. ECF 5. The Court stated this action would be dismissed without prejudice if he did not follow that directive. Id. In the same order, the Court also dismissed Blackwell’s complaint with leave to file an amended complaint that states a plausible claim for relief. Id. The Court stated that failure to do so by June 23, 2025 would result in dismissal of the action without prejudice. Id. The time for complying with the June 2, 2025 order has lapsed without any response from Blackwell. Because Blackwell has neither resolved the filing fee nor filed an amended complaint, this action is DISMISSED without prejudice for lack of prosecution. See Santos v. Dep’t of Educ. of Com. of Puerto Rico, 108 F. App’x 638, 640 (1st Cir. 2004) (district courts have “the power to act sua sponte to dismiss a suit for failure to prosecute”); Tower Ventures, Inc. v. City of Westfield, 296 F.3d 43, 46 (1st Cir. 2002) (“disobedience of court orders . . . warrants dismissal”). SO ORDERED. /s/ Julia E. Kobick JULIA E. KOBICK Dated: June 30, 2025 UNITED STATES DISTRICT JUDGE