Summary
The United States District Court for the District of Alaska dismissed Tyson C. Hillyer’s prisoner civil rights action without prejudice after he failed to file an amended complaint or notice of voluntary dismissal as ordered. The court held that the dismissal was for failure to prosecute under Federal Rule of Civil Procedure 41(b), counted as a strike under 28 U.S.C. § 1915(g), and directed the Clerk to enter final judgment and close the case.
Holdings
- A district court may dismiss an action under Rule 41(b) when a plaintiff fails to prosecute or comply with a court order, and dismissal was warranted here because the relevant factors favored dismissal.
- The action should be dismissed without prejudice.
- Because Plaintiff was a prisoner and the deficient complaint was dismissed after he failed to amend, the dismissal counts as a strike under 28 U.S.C. § 1915(g).
Questions Presented
- Whether the action should be dismissed under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to prosecute and failed to comply with the court's screening order.
- Whether dismissal should be without prejudice and count as a strike under 28 U.S.C. § 1915(g).
- Whether any lesser sanction would be satisfactory or effective.
Disposition
dismissed
Cases Cited (12)
- Hernandez v. City of El Monte, 138 F.3d 393, 399(followed)
- Henderson v. Duncan, 779 F.2d 1421, 1423-1424(followed)
- Pagtalunan v. Galaza, 291 F.3d 639, 642-643(followed)
- Morris v. Morgan Stanley & Co., 942 F.2d 648, 652(followed)
- Anderson v. Air West, 542 F.2d 522, 524(followed)
- In re Phenylpropanolamine Products Liability Litigation, 460 F.3d 1217, 1228(followed)
- Connecticut General Life Insurance Co. v. New Images of Beverly Hills, 482 F.3d 1091, 1096(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1262(followed)
- Harris v. Mangum, 863 F.3d 1133, 1143(followed)
- Jones v. Bock, 549 U.S. 199, 204(followed)
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Cited In (0)
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Court Document
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