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 did not exhibit contumacious conduct, his failure to comply with a court order to submit an amended pleading impedes the proceedings. Consequently, the court orders dismissal with prejudice but grants the plaintiff thirty days to reopen the case by filing a compliant amended pleading.
Topics
Practice areas
Questions Presented
- Whether dismissal with prejudice is appropriate where the plaintiff fails to prosecute and the statute of limitations bars the claims.
Holdings
- The action is dismissed for want of prosecution with prejudice, but the plaintiff may reopen the case by filing an amended pleading within thirty days of the entry of judgment.
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. Coleman v. Sweetin, 745 F.3d 756, 766 (Sth Cir. 2014). In this case, Plaintiff has not exhibited a clear record of contumacious conduct, but his failure to comply with an order to submit an amended pleading impedes the Court’s ability to screen his Complaint and prevents this case from moving forward. The Court has considered imposing lesser sanctions and found them inadequate to address the current situation. Because Plaintiff is proceeding in forma pauperis, the imposition of monetary sanctions is almost certainly futile. A dismissal is the only sanction available in this instance, but the Court will lessen the sanction by allowing Plaintiff to reopen the case by submitting an amended pleading in compliance with the Court’s order within thirty days of the date the judgment is entered.” (766)
Factual background
Prince McCoy, Sr., a prisoner at the Texas Department of Criminal Justice, filed a civil‑rights action pro se alleging violations of 42 U.S.C. §1983. He failed to prosecute the case and did not comply with the magistrate's order to submit an amended pleading.
Procedural history
Plaintiff Prince McCoy, Sr., a prisoner, filed a pro se §1983 action. The magistrate judge recommended dismissal for want of prosecution. The district court adopted the report and entered a dismissal with prejudice, allowing reopening by filing an amended pleading within thirty days.
Remand instructions
Plaintiff may reopen the case by submitting an amended pleading in compliance with the Court's order within thirty days of the date the judgment is entered.