Summary
This memorandum decision and order dismisses Joseph Colucci’s pro se petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. The court determined that Colucci failed to prosecute the action by neglecting to pay the filing fee, ignoring a show-cause order, and failing to update his mailing address after release from custody. Applying the Tenth Circuit’s Ehrenhaus factors, the court concluded that dismissal without prejudice was warranted due to the defendant's prejudice, interference with judicial administration, the plaintiff's culpability, prior warnings, and the inadequacy of lesser sanctions.
Topics
Practice areas
Questions Presented
- Whether dismissal of a habeas petition for failure to prosecute is proper under Fed. R. Civ. P. 41(b) and the Ehrenhaus factors.
Holdings
- The court dismissed the petition without prejudice for failure to prosecute, applying Fed. R. Civ. P. 41(b) and the Ehrenhaus factors.
Key quotations
““[I]t is apparent that Plaintiff is no longer interested in and/or capable of prosecuting his claims. Under these circumstances, no lesser sanction is warranted and dismissal is the appropriate result.”” (at 1)
Factual background
Joseph Colucci, a pro se petitioner, filed a habeas corpus petition in the District of Utah, was denied a fee‑waiver, ordered to pay a $5 filing fee, failed to pay the fee and failed to respond to a show‑cause order, and the court could not locate him after his release from custody.
Procedural history
Petitioner filed a habeas petition pro se, was denied a fee waiver, ordered to pay filing fee, failed to pay or respond to a show‑cause order, and did not provide a forwarding address; the court dismissed the petition for failure to prosecute.