James v. Crosby

Summary

The United States District Court for the District of Columbia advises a pro se plaintiff of the consequences of failing to respond to a pending motion to dismiss. The court orders the plaintiff to file a response by February 20, 2026, and explains that failure to respond may result in the motion being treated as conceded, granted on the merits, or the case being dismissed.

Holdings

1. When a dispositive motion could dispose of the case, the district court must advise a pro se party of the consequences of failing to respond, including that the motion may be granted and the case dismissed.
2. The plaintiff was ordered to respond to the motion to dismiss by February 20, 2026; if she failed to do so, the court could treat the motion as conceded, consider the motion on the merits based only on the defendant's arguments, or otherwise dismiss the case without the plaintiff's input.

Questions Presented

1. Whether a district court must advise a pro se litigant of the consequences of failing to respond to a potentially dispositive motion to dismiss.
2. What deadline and consequences should apply to the pro se plaintiff's response to the pending motion to dismiss.

Disposition

other