Summary
This United States District Court order adopts a magistrate judge’s report and recommendation to dismiss a pro se prisoner’s civil rights action for want of prosecution under Federal Rule of Civil Procedure 41(b). The court finds that while the plaintiff has not engaged in contumacious conduct, his prolonged lack of interest and failure to provide a current address justify dismissal. To mitigate the harshness of a dismissal with prejudice, the court allows the plaintiff thirty days to reopen the case by submitting his current address.
Topics
Practice areas
Questions Presented
- Whether dismissal with prejudice is appropriate where the plaintiff shows no clear record of contumacious conduct but the statute of limitations bars the claims.
- Whether the magistrate judge's recommendation to dismiss for want of prosecution under Rule 41(b) should be adopted.
Holdings
- Dismissal with prejudice is appropriate because the statute of limitations bars future litigation of the plaintiff’s claims.
Key quotations
“Because the statute of limitations would bar future litigation of Plaintiff’s claims, a dismissal would act as a dismissal with prejudice.”
“A dismissal with prejudice is appropriate only if there is a clear record of delay or contumacious conduct by the plaintiff, and if lesser sanctions would not serve the interests of justice.”
Factual background
Scott W. Graves, a prisoner formerly confined at the Gib Lewis Unit of the Texas Department of Criminal Justice, proceeded pro se. He last contacted the court on June 17, 2024, and failed to provide a current address, resulting in an undeliverable order on December 17, 2024.
Procedural history
Plaintiff, a prisoner, filed a pro se §1983 action. The matter was referred to Magistrate Judge Christine L. Stetson, who recommended dismissal for want of prosecution under Rule 41(b). The district court reviewed the report and adopted the dismissal with prejudice.
Remand instructions
Plaintiff may reopen the case by providing a current address within thirty days of the entry of judgment.