Marco Wayne Hall v. LaSalle Corrections West, LLC, et al.

Summary

The court recommends dismissing Plaintiff Marco Wayne Hall’s claims against Doe Defendants 1–6 without prejudice under Federal Rule of Civil Procedure 41(b). The recommendation is based on Plaintiff’s failure to comply with orders requiring him to identify the Doe Defendants and respond to an order to show cause.

Holdings

1. The Court recommended dismissal without prejudice of Plaintiff's claims against Defendants Does 1-6 under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to identify and substitute the Doe Defendants and failed to respond to the order to show cause.
2. Dismissal with prejudice would be unnecessarily harsh under the circumstances; the recommended dismissal should be without prejudice.

Questions Presented

1. Whether Plaintiff's claims against Defendants Does 1-6 should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to comply with court orders and failure to prosecute.
2. Whether dismissal with prejudice would be warranted after Plaintiff failed to identify and substitute the Doe Defendants.

Disposition

other