Summary
This United States Magistrate Judge’s Report and Recommendation addresses a pro se civil rights lawsuit filed by Kennon J. Jackson against Zena Stephens and others. Because the plaintiff’s mailed correspondence was returned undelivered and he failed to provide an updated address, the court found he did not diligently prosecute the action. Citing Federal Rule of Civil Procedure 41(b) and relevant Fifth Circuit precedent, the magistrate judge recommends dismissing the case without prejudice for want of prosecution. Parties are notified of their right to file written objections within fourteen days.
Topics
Practice areas
Questions Presented
- Whether the district court may dismiss a civil action sua sponte for want of prosecution under Federal Rule of Civil Procedure 41(b) when a pro se plaintiff fails to keep the court informed of a current address.
Holdings
- The court may dismiss the action without prejudice under Rule 41(b) because the plaintiff failed to diligently prosecute the case by not providing a current address.
Key quotations
“Federal Rule of Civil Procedure 41(b) authorizes the district court to dismiss an action for want of prosecution sua sponte whenever necessary to achieve the orderly and expeditious disposition of cases.”
Factual background
Kennon J. Jackson, pro se, filed a civil rights lawsuit against Zena Stephens and others. The court mailed a preliminary filing fee order to the plaintiff's jail address, which was returned as the plaintiff was no longer there. The plaintiff did not supply a new address or otherwise contact the court.
Procedural history
The plaintiff filed pro se a civil rights action but failed to provide a current address. The magistrate judge, pursuant to 28 U.S.C. §636, recommended dismissal for want of prosecution.