Gibson v. Castellanos

Summary

The document contains findings and recommendations by a United States Magistrate Judge in a prisoner civil-rights action under 42 U.S.C. § 1983. The magistrate judge recommends dismissal without prejudice under Federal Rule of Civil Procedure 41(b) and Local Rule 110 for failure to prosecute and failure to obey court orders. The recommendation also advises denying the defendant’s exhaustion-based partial motion for summary judgment without prejudice as moot.

Holdings

1. A plaintiff's repeated failure to respond to a pending motion and multiple court orders, after adequate time and notice, supports dismissal without prejudice under Federal Rule of Civil Procedure 41(b) and Local Rule 110 when the Malone factors favor dismissal.
2. The defendant's exhaustion-based partial motion for summary judgment should be denied without prejudice as moot when the action itself is recommended for dismissal without prejudice for failure to prosecute and failure to obey court orders.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) and Local Rule 110 because Plaintiff failed to prosecute and failed to obey court orders.
2. Whether the defendant's exhaustion-based partial motion for summary judgment should be denied without prejudice as moot after recommending dismissal of the action.

Disposition

other