Anthony Richard Turner v. Sheriff Thomas A. Ferrara

Summary

The court recommends dismissal without prejudice of Anthony Richard Turner’s habeas action against Sheriff Thomas A. Ferrara because Turner failed to file a second amended petition after being granted leave to do so. Applying the dismissal factors identified in Ferdik v. Bonzelet, the court concludes that dismissal for failure to prosecute is appropriate. The findings and recommendations advise Turner of his fourteen-day period to file objections.

Holdings

1. Because petitioner failed to comply with the order granting leave to file a second amended petition and the case could not proceed without petitioner’s participation, the five dismissal factors weighed in favor of dismissal without prejudice.

Questions Presented

1. Whether the habeas action should be dismissed without prejudice for petitioner’s failure to prosecute after failing to file a second amended petition within the court-ordered deadline.
2. Whether the five factors governing dismissal for failure to prosecute weighed in favor of dismissal.

Disposition

other